DONOHUE v. ELITE ASSOCS., INC.


159 A.D.2d 605 (1990)

Francis Donohue, Appellant, v. Elite Associates, Inc., Respondent. (And a Third-Party Action.)

Appellate Division of the Supreme Court of the State of New York, Second Department.

March 19, 1990


Ordered that the order is affirmed, without costs or disbursements.

Contrary to the plaintiff's present contention, he has failed to demonstrate his entitlement to judgment as a matter of law under Labor Law § 240 (1). Assuming that the ladder from which he fell was not equipped with any safety devices (an issue which the plaintiff's deposition testimony renders unclear), he has failed to adequately establish that the absence of such safety devices constituted...

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