Ordered that the judgment is reversed, on the facts and in the exercise of discretion, with costs, so much of the complaint as asserts a cause of action pursuant to Labor Law § 240 (1) is reinstated, a new trial is granted, and the order dated March 10, 2009, is vacated.
The plaintiff, an elevator mechanic, alleged that he was injured when an eight-foot-long, A-frame ladder upon which he was standing toppled over, causing him to fall and sustain injuries. At...
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