It is hereby ordered that the order so appealed from be and the same hereby is unanimously reversed on the law with costs and the motion is granted.
Memorandum: Plaintiff commenced this action seeking damages for injuries he sustained when he fell from an unstable ladder while installing a nine-foot fence. Supreme Court erred in denying plaintiffs motion seeking partial summary judgment on liability with respect to the Labor Law § 240 (1) cause of action against the general contractor, C. Destro Development Co., Inc. (defendant). Plaintiff met his initial burden by establishing as a matter of law that the ladder failed to provide him with adequate protection, and defendant failed to raise a triable issue of fact whether plaintiffs conduct was the sole proximate cause of the accident ( see Burke v APV Crepaco, 2 AD3d 1279; Petit v Board of Educ. of W. Genesee School Dist, 307 AD2d 749; Boncore v Temple Beth Zion, 299 AD2d 953).