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CRIMI v. NEVES ASSOCIATES

306 A.D.2d 152 (2003)

761 N.Y.S.2d 186

JEROME CRIMI et al., Respondents, v. NEVES ASSOCIATES et al., Defendants, and 1411 BROADWAY ASSOCIATES et al., Appellants. 1411 BROADWAY ASSOCIATES et al., Third-Party Plaintiffs-Appellants, v. CENTRAL ELEVATOR, INC. Third-Party Defendant-Appellant.

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

Decided June 19, 2003.

The permanently affixed ladder from which plaintiff fell, which was the only means of gaining access to his elevated work site, was a "device" within the meaning of Labor Law § 240 (1) (see Brennan v RCP Assoc., 257 A.D.2d 389 [1999], lv dismissed 93 N.Y.2d 889 [1999]; Santamaria v 1125 Park Ave. Corp., 249 A.D.2d 16 [1998]; Oprea v New...

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