Opinion
February 8, 1993
Appeal from the Supreme Court, Suffolk County (Cohalan, J.).
Ordered that the order is reversed insofar as appealed from, on the law, with costs, and the plaintiffs' motion is denied.
The work engaged in by the injured plaintiff at the time of his accident, the removal of computer cable from the appellant's building, clearly constituted an alteration covered by Labor Law § 240 (1) (see, Vigliotti v Executive Land Corp., 186 A.D.2d 646; Atwell v Mountain Ltd., 184 A.D.2d 1065; Tate v Clancy-Cullen Stor. Co., 171 A.D.2d 292). However, questions of fact exist concerning how the accident occurred and whether or not the ladder in question was adequate under the circumstances to provide the injured plaintiff with proper protection (see, Shatarat v G S L Enters., 160 A.D.2d 248; Blair v Rosen-Michaels, Inc., 146 A.D.2d 863). Bracken, J.P., Balletta, Eiber and Copertino, JJ., concur.