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Picano v. Rockefeller Center North

NEW YORK SUPREME COURT, APPELLATE DIVISION, FIRST DEPARTMENT


December 3, 2009

CORRADO PICANO, ET AL., PLAINTIFFS-RESPONDENTS,
v.
ROCKEFELLER CENTER NORTH, INC., ET AL., DEFENDANTS-APPELLANTS. [AND A THIRD-PARTY ACTION]

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.

Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.

This opinion is uncorrected and subject to revision before publication in the Official Reports.

Gonzalez, P.J., Tom, Andrias, Nardelli, Richter, JJ.

115832/04 & 590876/06

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 AD3d 251, 252-253) Rieger v 303 E. 37 Owners Corp., 49 AD3d 347 [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 AD3d 485 [2008]). We have considered defendants' other arguments and find them to be unavailing.

THIS CONSTITUTES THE DECISION AND ORDER OF THE SUPREME COURT, APPELLATE DIVISION, FIRST DEPARTMENT.

20091203

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