TAGLIONI v. HARBOR COVE ASSOCIATES

ORDERED that the order is reversed insofar as appealed from, on the law, with costs, and the cross motion is denied.

The Supreme Court erred in granting the plaintiff's cross motion for summary judgment in connection with the plaintiff's cause of action pursuant to Labor Law § 240(1). Where an employee is injured in a fall from a ladder, which is not otherwise shown to be defective, the issue of whether the ladder provided the employee with the proper protection required under this statute is a question of fact for the jury (see Chan v. Bed Bath Beyond, 284 A.D.2d 290; Benefield v. Halmar Corp., 264 A.D.2d 794; Rice v. PCM Dev. Agency Co., 230 A.D.2d 898).

ALTMAN, J.P., GOLDSTEIN, McGINITY and MASTRO, JJ., concur.