Ordered that the order is reversed, on the law, with costs, and the motion is denied.
The claimant failed to establish, as a matter of law, that the defendant violated Labor Law § 240 (1). Where a claimant is injured from a fall from a ladder which is not shown to be defective, the issue of whether the ladder provided the claimant with the proper protection required under this statute is a question for the jury (see, Benefield v Halmar Corp.,
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