Majority
p. 948[877 NE2d 294, 846 NYS2d 76] Tom Miro et al., Appellants, v Plaza Construction Corp. et al., Respondents, et al., Defendants. (And a Third-Party Action.) Decided October 23, 2007
p. 949
APPEARANCES OF COUNSEL
Paul F. McAloon P.C., New York City (Paul F. McAloon of counsel), and Harry I. Katz, P.C., for appellants.
Barry McTiernan & Moore, New York City (Laurel A. Wedinger of counsel), for respondents.
OPINION OF THE COURT
On review of submissions pursuant to section 500.11 of the Rules of the Court of Appeals (22 NYCRR 500.11), order modified, without costs, by denying summary judgment to defendants as to the Labor Law § 240 (1) claim and, as so modified, affirmed, and certified question answered in the negative. Assuming that the ladder was unsafe, it is not clear from the record how easily a replacement ladder could have been procured.
Concur: Chief Judge Kaye and Judges Ciparick, Graffeo, Read, Smith, Pigott and Jones.