AUSBY v. 365 WEST END LLC

16598, 302167/08

135 A.D.3d 481 (2016)

22 N.Y.S.3d 824

2016 NY Slip Op 00100

JONATHAN AUSBY, Appellant, v. 365 WEST END LLC et al., Respondents-Appellants. ABILENE, INC., Third-Party Plaintiff-Respondent-Appellant, v. THEMIS CHIMNEYS, INC., Third-Party Defendant-Respondent.

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

Decided January 12, 2016.


The conflicting evidence as to whether the shaking of the ladder from which plaintiff fell was caused by his foreman standing on it with him or bumping into it on the ground does not raise a material issue of fact as to defendants' liability for plaintiff's injuries. "The failure to secure the ladder . . . against slippage by any means whatsoever constitutes a violation of Labor Law § 240 (1) as a matter of law, for which defendants are absolutely liable" (Urrea v...

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