DECISION ORDER
ORDERED that the appeal of the defendant Captain's Walk of West Bayshore Homeowners Association, Inc., is dismissed, as withdrawn; and it is further,
ORDERED that the order is affirmed insofar as reviewed, with one bill of costs.
The Supreme Court properly determined that there are triable issues of fact as to whether there was a violation of Labor Law § 240 Lab.(1) and, if so, whether it proximately caused the accident. Specifically, a question of fact exists as to whether the injured plaintiff's conduct in disassembling the extension ladder at issue, and in using only the top half which lacked non-skid pads, constituted an unforeseeable, independent, intervening act which was a superseding cause of the accident ( see, Ossorio v. Forest Hills S. Owners, 251 A.D.2d 475; Tweedy v. Roman Catholic Church of Our Lady of Victory, 232 A.D.2d 630; Styer v. Vita Constr., 174 A.D.2d 662).