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DEVLIN v. SONY CORP. OF AM.

237 A.D.2d 201 (1997)

655 N.Y.S.2d 762

Kevin Devlin, Respondent, v. Sony Corporation of America et al., Appellants, and Nastasi White, Inc., Respondent, et al., Defendants. Structure Tone, Inc., et al., Third-Party Plaintiffs-Appellants, v. Coyne Electrical Construction Co., Inc., Third-Party Defendant-Respondent, et al., Third-Party Defendant

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

March 25, 1997

"It is well settled that the failure to secure a ladder to insure that it remains stable and erect while the plaintiff was working on it constitutes a violation of Labor Law § 240 (1) as a matter of law" (MacNair v Salamon, 199 A.D.2d 170, 171). Whether the temporary platform on which the ladder stood was sturdy or not is an immaterial issue of fact that does not preclude summary judgment, there being no dispute that defendants...

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