Second Department Finds Triable Issues Under Labor Law § 240(1) Where Plaintiff Fell From a Ladder

In Singh v.City of New York, the Second Department found that the mere fact that the injured plaintiff fell from a ladder did not, in and of itself, establish that proper protection was not provided.  Instead, triable issues of fact remained as to whether the ladder was inadequately secured and whether the injured plaintiff's actions were the sole proximate cause of the accident.