In Albert v. Williams Lubricants, Inc. (35 AD3d 1115 [3d Dept 2006]) the plaintiff was injured when a portion of the ladder on which he was working slid down a wall. The plaintiff and his co-worker were able to adequately perform the required task after the plaintiff's fall. The Third Department held that providing one ladder did not violate the statute, stating that "this ability to safely complete the task with the equipment provided tempers plaintiff's contention that it was necessary for him to resort to the actions he took in carrying out his duties" (id. at 1117).