Roberts v. Caldwell

Order, Supreme Court, Bronx County (Sallie Manzanet, J.), entered September 30, 2004, which granted plaintiffs motion for summary judgment as to liability on his Labor Law § 240 (1) claim, and denied defendant’s cross motion for summary judgment insofar as it sought dismissal of plaintiff’s Labor Law § 240 (1) and § 241 (6) claims, unanimously affirmed, without costs.

There is no dispute that plaintiff, while engaged in performing contracted-for renovations and alterations on defendant’s premises, fell from an inadequately secured ladder. While plaintiff may not have been performing his…