Ordered that the judgment and the order are affirmed, with one bill of costs.
The Supreme Court properly denied the plaintiff's cross motion for summary judgment on the cause of action based on Labor Law § 240 (1). Triable issues of fact existed as to whether the subject ladder shifted or otherwise provided the plaintiff's decedent with improper protection, and, if so, whether the ladder shifted as a subsequent effect or a preceding cause of the decedent's fall...
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