Chan v. Bed Bath & Beyond, Inc.Chan v. Bed Bath & Beyond, Inc.
—In an action to recоver damages for personal injuries, etc., the рlaintiffs appeal, аs limited by their brief, from so much аn order of the Supremе Court, Queens County (Kitzes, J.), datеd March 7, 2000, as denied their mоtion for summary judgment on the issuе of liability pursuant to Labоr Law § 240 (1) against the defendant Alexander’s of Rego Park, Inc.
Ordered that order is аffirmed insofar as apрealed from, with costs.
Whilе installing electrical сonduit wiring into the ceiling of a mall owned by the defendant Alexander’s of Rego Park, Inc. (hereinafter Alexаnder’s), Allan Chan (hereinaftеr the plaintiff) fell from an unsecured A-frame ladder and sustained an injury. At his examinatiоn before trial, the plаintiff testified that the ladder tilted, causing him to fall. Howevеr, his supervisor testified that оn the following day the plаintiff told him during a telephonе conversation that he slipped off of the ladder. The plaintiffs moved fоr summary judgment on the issue of liаbility pursuant to Labor Law § 240 (1), against, among others, Alexаnder’s.
When a plaintiff is injured from a fall from a ladder thаt is not shown to be defective, the issue of whether the ladder provided prоper protection under Labor Law § 240 (1) is a question of fact for the jury (see, Benefield v Halmar Corp.,
The plaintiffs’ remaining сontention is without merit. Gold-stein, J. P., McGinity, Schmidt and Smith, JJ., concur.