KIRCHNER v. BRC HUMAN SERVICES CORPORATION

The IAS Court properly found a violation of Labor Law § 240 (1) where plaintiff was injured on a fire escape ladder that slipped as he climbed up it to gain access to the demolition worksite ( see, Urrea v. Sedgwick Ave. Assocs., 191 A.D.2d 319). Since the fire escape ladder was the only way to enter and exit the building, the interior of which was being demolished, and the foreman directed plaintiff to use it, it was effectively furnished and operated by defendants 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 building, 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).

Concur — Wallach, J.P., Nardelli, Williams and Mazzarelli, JJ.