Ordered that the order is affirmed, with costs payable to the respondent Broadway Plaza.
It is well settled that where a scaffold from which a plaintiff falls does not "move, collapse, or otherwise fail to perform its function of supporting the plaintiff and [his or her] materials * * * the issue of whether the device provided proper protection within the meaning of Labor Law § 240 (1) is a question of fact for the jury" (Romano v Hotel Carlyle Owners Corp...
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