Order unanimously affirmed without costs.
Memorandum:
Supreme Court properly denied plaintiff's motion for partial summary judgment on his Labor Law § 240 (1) cause of action. Plaintiff alleges that, while performing repair work on defendant's power house building, he was injured when the ladder he was climbing tipped to one side and both he and the ladder fell to the ground. The accident was not witnessed. To recover under section 240 (1) of the Labor...
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