Aponte v. City of New York

Order, Supreme Court, Bronx County (Janice L. Bowman, J.), entered May 7, 2007, which granted plaintiffs motion for partial summary judgment on the issue of liability on his cause of action under Labor Law § 240 (1) as against defendants City of New York and City of New York Department of Design and Construction, and denied such motion as against defendant O’Brien Kreitsberg, Inc. (OBK), unanimously affirmed, without costs.

Defendants’ failure to provide adequate safety devices and to properly secure the ladder was a contributing cause of the accident. Plaintiff’s conduct, at most, constituted…