PLASS v. SOLOTOFF

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).