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ALBERT PLASS, ET AL., APPELLANTS, v. CHERYL SOLOTOFF, ET AL., RESPONDENTS, ET AL., DEFENDANTS.

ORDERED that the order is affirmed insofar as appealed from, with one bill of costs.

The injured plaintiff was the owner and principal employee of a drywall installation company hired by the defendant Deli Designs, Inc., to install sheetrock in a delicatessen located on the property of the defendant Cheryl Solotoff. He was injured when he fell from his scaffold onto a floor eight feet below. The plaintiffs commenced this action and subsequently moved for summary judgment on their cause of action pursuant to Labor Law § 240(1). The court correctly found that since the scaffold did not collapse, slip, or otherwise fail to support the injured plaintiff's weight, it is a question of fact for a jury as to whether the scaffold provided the worker with proper protection (see, Nelson v. Ciba-Geigy, 268 A.D.2d 570; Zgoba v. East Shopping Corp., 246 A.D.2d 539; Basmas v. J.B.J. Energy Corp., 232 A.D.2d 594).

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PLASS v. SOLOTOFF
(May 14, 2001)