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MARTINSEN v. COUNTY OF NASSAU

249 A.D.2d 519 (1998)

671 N.Y.S.2d 355

Stephen H. Martinsen et al., Appellants, v. County of Nassau, Respondent. (And a Third-Party Action.)

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

April 27, 1998

Ordered that the order is reversed insofar as appealed from, on the law, with costs, and the motion for partial summary judgment on the issue of liability pursuant to Labor Law § 240 (1) is granted.

The collapse of a ladder that is not braced or secured in any way is a prima facie violation of Labor Law § 240 (1) (see, Chaitovitz, v Lewis, 222 A.D.2d 392, 393; Bryan v City of New York,

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