URREA v. SEDGWICK AVENUE ASSOCIATES

The failure to secure the ladder on which plaintiff was standing against slippage by any means whatsoever constitutes a violation of Labor Law § 240 (1) as a matter of law, for which defendants are absolutely liable (Fernandez v. MHP Land Assocs., 188 A.D.2d 417). The failure of any party to adduce a statement from plaintiff's co-workers is no reason for denying plaintiff summary judgment, absent a showing, other than mere speculation, that a bona fide issue exists as to plaintiff's credibility.

Concur — Milonas, J.P., Ross, Asch and Rubin, JJ.