YU XIU DENG v. << (1998)

Order, Supreme Court, New York County (Emily Goodman, J.), entered February 23, 1998, which, insofar as appealed from, granted plaintiff's motion for partial summary judgment on the issue of defendant general contractor's liability under Labor Law § 240(1), unanimously affirmed, with costs.

Whether the ladder on which plaintiff was working tipped as a result of plaintiff losing her balance when she lost control of the sheetrock she was handling, or, indeed, whether plaintiff fell off the ladder without it having tipped at all, are not material issues of fact.   Plaintiff's negligence, if any, is of no consequence (Rocovich v. Consolidated Edison Co., 78 N.Y.2d 509, 513, 577 N.Y.S.2d 219, 583 N.E.2d 932).   Further, in this case, it is clear that the ladder did not prevent plaintiff from falling and there is no dispute that no safety devices, other than the ladder, were provided (see, Gordon v. Eastern Ry. Supply, 82 N.Y.2d 555, 561-562, 606 N.Y.S.2d 127, 626 N.E.2d 912;  Guillory v. Nautilus Real Estate, 208 A.D.2d 336, 337-338, 624 N.Y.S.2d 110, appeal dismissed, lv. denied 86 N.Y.2d 881, 635 N.Y.S.2d 943, 659 N.E.2d 766;  Devlin v. Sony Corp., 237 A.D.2d 201, 655 N.Y.S.2d 762).

MEMORANDUM DECISION.