Opinion
November 21, 1995
Appeal from the Supreme Court, New York County (Leland DeGrasse, J.).
Defendant's liability under Labor Law § 240 (1) was established as a matter of law since defendant breached its nondelegable duty to provide adequate safety devices to prevent plaintiff's fall from a ladder upon which he was working ( see, Gordon v Eastern Ry. Supply, 82 N.Y.2d 555, 561-562). The fact that the ladder was provided by another party does not relieve defendant from liability. The failure to provide adequate safety devices was a substantial cause of plaintiff's fall and resulting injuries which were foreseeable in light of such risk ( see, supra). That the ladder was knocked over by a cabinet which collapsed when the plaintiff touched it with his hand was not such an extraordinary event as to constitute a superseding cause ( see, supra; Robinson v NAB Constr. Corp., 210 A.D.2d 86; Quinlan v Eastern Refractories Co., 217 A.D.2d 819).
Concur — Rosenberger, J.P., Ellerin, Rubin, Asch and Nardelli, JJ.