The IAS Court properly found a violation of Labor Law § 240 (1) where plaintiff slipped on a water tower ladder that lacked proper safety devices ( see, Gordon v. Eastern Ry. Supply, 82 N.Y.2d 555, 561-562). Since defendant permitted the general contractor's employees to use the ladder, which was the only means of access to the worksite, it was effectively furnished and operated within the meaning of the statute ( see, Foufana v. City of New York, 211 A.D.2d 550). That the ladder was permanently affixed to the water tower, or that the accident occurred while plaintiff was accessing the worksite as opposed to actually working on the ladder, does not preclude application of the statute ( see, Ciraolo v. Melville Ct. Assocs., 221 A.D.2d 582; Holka v. Mt. Mercy Academy, 221 A.D.2d 949; Szopinski v. MJ Mech. Servs., 217 A.D.2d 906).
Motion for leave to appeal to the Court of Appeals is denied; insofar as reargument is sought, the motion is granted solely to the extent of recalling and vacating the unpublished decision and order of this Court entered on March 12, 1996 (Appeal No. 57195), and substituting a new decision and order therefor.
Concur — Wallach, J.P., Ross, Nardelli, Williams and Mazzarelli, JJ.