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HIRAM RUIZ et al., Respondents, v. WDF, INC., et al., Appellants.

Ordered that the order is affirmed, with costs.

The plaintiff Hiram Ruiz (hereinafter the plaintiff), employed by a subcontractor on a project to upgrade the heating system in a public school, fell from an A-frame ladder while screwing clips into the wall of a classroom at a height of about 10 to 12 feet. The Supreme Court properly found that the plaintiffs made a prima facie showing of entitlement to judgment as a matter of law on the issue of liability under Labor Law § 240 (1) with evidence that the A-frame ladder upon which the plaintiff was standing was improperly placed on a recently waxed floor at a distance of about 18 inches from the wall due to a protruding radiator ( see Klein v City of New York, 89 NY2d 833; Peter v Nisseli Realty Co., 300 AD2d 289; Izzo v AEW Capital Mgt., 288 AD2d 268). In opposition, the defendants failed to raise a triable issue of fact. Even if the plaintiffs leaning forward on the ladder to reach his work could be deemed a misuse of the ladder, the misuse was occasioned by its improper placement, which was a proximate cause of the plaintiff's injuries ( see Izzo v AEW Capital Mgt., 288 AD2d at 269).

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RUIZ v. WDF
(Nov 20, 2007)