PICANO v. [And A Third-Party Action]. (2009)

Order, Supreme Court, New York County (Judith J. Gische, J.), entered October 20, 2008, which, insofar as appealed from as limited by the briefs, granted plaintiffs' motion for summary judgment on the issue of defendants' liability under Labor Law § 240(1), unanimously affirmed, without costs.

Given no dispute that no one was holding the ladder from which plaintiff fell when it suddenly shifted or wobbled, and that no safety devices were provided to prevent the ladder from slipping or plaintiff from falling if it did, it does not avail defendants to assert that the ladder itself was not defective (see Hernandez v. Bethel United Methodist Church of N.Y., 49 A.D.3d 251, 252-253, 853 N.Y.S.2d 305) (Rieger v. 303 E. 37 Owners Corp., 49 A.D.3d 347, 852 N.Y.S.2d 768 [2008] ), or that plaintiff himself was negligent in attempting to descend the ladder with both hands full of materials and tools (see Aponte v. City of New York, 55 A.D.3d 485, 868 N.Y.S.2d 169 [2008] ).   We have considered defendants' other arguments and find them to be unavailing.