Opinion
March 18, 1993
Appeal from the Supreme Court, New York County (Myriam J. Altman, J.).
The failure to secure the ladder on which plaintiff was standing against slippage by any means whatsoever constitutes a violation of Labor Law § 240 (1) as a matter of law, for which defendants are absolutely liable (Fernandez v. MHP Land Assocs., 188 A.D.2d 417). The failure of any party to adduce a statement from plaintiff's co-workers is no reason for denying plaintiff summary judgment, absent a showing, other than mere speculation, that a bona fide issue exists as to plaintiff's credibility.
Concur — Milonas, J.P., Ross, Asch and Rubin, JJ.