Gilbert v. Albany Medical Center

Rose, J. (dissenting).

In reaching its decision that plaintiff is entitled to summary judgment on the Labor Law § 240 (1) claim, the majority concludes that even if plaintiffs fall were caused by his reaching and extending too far out from a fully opened A-frame stepladder with rubber feet, his misuse of the ladder would not be the sole proximate cause of the accident because defendants failed to ensure that the ladder was properly placed or secured. Inasmuch as we read Blake v Neighborhood Hous. Servs. of N.Y. City (1 NY3d 280 [2003]) to support Supreme Court’s finding that triable issues…