MORETA v. STATE OF NEW YORK

Ordered that the order is reversed, on the law, with costs, and the motion is denied.

The claimant failed to establish, as a matter of law, that the defendant violated Labor Law § 240(1). Where a claimant is injured from a fall from a ladder which is not shown to be defective, the issue of whether the ladder provided the claimant with the proper protection required under this statute is a question for the jury ( see, Benefield v. Halmar Corp., 264 A.D.2d 794).