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FERNANDES v. THE EQUITABLE LIFE ASSURANCE SOCIETY OF THE UNITED STATES

4 A.D.3d 214 (2004)

774 N.Y.S.2d 4

ANTONIO FERNANDES, Respondent, v. THE EQUITABLE LIFE ASSURANCE SOCIETY OF THE UNITED STATES et al., Appellant, and PENGUIN AIR CONDITIONING CORP., Defendant and Third-Party Plaintiff-Appellant. MERENDINO ASSOCIATES, INC., Third-Party Defendant-Appellant.

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

February 19, 2004.

Plaintiff was properly granted summary judgment on his section 240 (1) claim, there being no issues of fact as to whether, as plaintiff asserts, the ladder wobbled causing him to lose balance, or whether plaintiff's own acts or omissions were the sole cause of the wobbling (see Blake v Neighborhood Hous. Servs., 1 N.Y.3d 280, 289 n 8 [2003]; Greenidge v Anchor Constr., 303 A.D.2d 179 [2003...

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