Ordered that the order is affirmed insofar as appealed from, with one bill of costs to the respondents appearing separately and filing separate briefs.
"Except in the extreme case where no protective device is furnished * * * whether `proper protection' has been provided under Labor Law § 240 (1) is an issue of fact" (Blair v Rosen-Michaels, Inc., 146 A.D.2d 863, 865; Kalofonos v. State of New York, 104 A.D.2d 75). The plaintiff herein contends that there were no safety devices available at the work site. In contrast, the defendant argues that a safety belt and ladder were available for the plaintiff's use, however, he refused to use them. Accordingly, there are issues of fact which preclude the granting of summary judgment in favor of the plaintiff (see, Styer v. Vita Constr., 174 A.D.2d 662; Zeitner v. Herbmax Sharon Assocs., 194 A.D.2d 414). Thompson, J.P., Santucci, Friedmann and Florio, JJ., concur.