Opinion
April 28, 1994
Appeal from the Supreme Court, New York County (Leland DeGrass, J.).
As it is clear that plaintiff's injury was a direct result of the failure of defendants to provide adequate safety devices or other proper protection to plaintiff who fell off an A-frame ladder and sustained injuries while working for defendants, there was a violation of Labor Law § 240 (1), as a matter of law (see, MacNair v Salamon, 199 A.D.2d 170). Moreover, the purported culpability of plaintiff is not a defense to his section 240 (1) claim (Stolt v General Foods Corp., 81 N.Y.2d 918).
As to the third-party claim, while it appears that the third-party defendant was not covered by Citibank/Citicorp's policy of insurance at the time of the accident, and therefore, the policy of anti-subrogation would be inapplicable here, at the very least, a question of fact exists in such regard sufficient to preclude a grant of summary judgment on said claim.
Concur — Rosenberger, J.P., Ross, Rubin, Nardelli and Tom, JJ.