Noor v. City of New York

I dissent because I disagree with the part of the majority’s opinion that affirms the trial court’s grant of plaintiff’s CPLR 4401 motion for judgment as a matter of law with respect to his Labor Law § 240 (1) cause of action. Plaintiff, a welder, was injured when he fell to the ground as he descended a closed *543A-frame ladder that was leaning against an eight foot tall water tank. Plaintiff was welding seams on the water tank at the time of the accident. According to testimony at trial, the ladder was sturdy, equipped with rubber feet and had no defects. The water tank sat atop a platform that…