NOBLE v. 260-261 MADISON AVE., LLC

8652, 100214/07, 590120/09.

100 A.D.3d 543 (2012)

954 N.Y.S.2d 518

TERRENCE NOBLE, Respondent, v. 260-261 MADISON AVENUE, LLC, et al., Appellants, et al., Defendants. 260-261 MADISON AVENUE, LLC, et al., Third-Party Plaintiffs-Appellants, v. UNITED STAFFING SYSTEMS, INC., et al., Third-Party Defendants.

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

November 20, 2012.


Defendants' evidence was sufficient to defeat plaintiff's cross motion for partial summary judgment on the Labor Law § 240 (1) claim. Defendants' evidence established, at minimum, that triable issues exist whether the 10-foot ladder provided to plaintiff, under the circumstances (including a measured ceiling height of 10 feet, 7 inches), constituted an adequate safety device for the air duct removal work he was assigned to perform. Specifically, triable issues exist...

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