Golda v. Hutchinson Enterprises, Inc.

Order unanimously affirmed with costs. Memorandum: Supreme Court properly granted plaintiffs’ cross motion for partial summary judgment on liability under Labor Law § 240 (1). James Golda (plaintiff) was installing a gas meter when he was injured; that activity constitutes an "alteration” of the premises within the meaning of the statute (Atwell v Mountain Ltd., 184 AD2d 1065 ; Dedario v New York Tel. Co., 162 AD2d 1001 , 1003). Although there is no proof that the ladder plaintiff was using was defective, he fell while working at an elevated work site as a result of the absence of adequate safety devices, and thus was entitled to partial summary judgment on liability under the statute (see, Ellis v Hammond & Irving, 217 AD2d 923 ). (Appeal from Order of Supreme Court, Erie County, Rath, Jr., J. — Labor Law.) Present — Denman, P. J., Pine, Wesley, Balio and Davis, JJ.