Plaintiff was performing work that involved an elevation-related risk within the contemplation of Labor Law § 240(1) when, in the course of installing fire walls in a building under construction, he fell approximately 14 feet to the ground when a mobile scissors lift on which he was working toppled over after being driven by his coworker over a refrigeration hole that had been left uncovered in the concrete floor. Since the scissors lift did not prevent plaintiff from falling, defendants are liable under section 240(1) (see, Gordon v. Eastern Ry. Supply, 82 N.Y.2d 555, 561), unless the actions of plaintiff or his coworker was the sole proximate cause of the accident (see, Weininger v. Hagedorn Co., 91 N.Y.2d 958; Angeles v. Goldhirsch, 268 A.D.2d 217). No issues of fact are raised in the latter regard. Similar considerations warranted denial of defendants' motions to dismiss plaintiff's claims under sections 200 and 241(6), it being unclear who was responsible for making sure that the many holes in the floor did not present a hazard. Finally, at this juncture, the record does not permit a finding regarding the applicability of Workers Compensation Law § 11.
THIS CONSTITUTES THE DECISION AND ORDER OF SUPREME COURT, APPELLATE DIVISION, FIRST DEPARTMENT.