In Crespo v. City of New York (2001 NY Slip Op. 40516 [U], 2001 WL 1682803 [Sup Ct Bronx County 2001], affd on other grounds, 303 AD2d 166 [1st Dept 2003]), plaintiff was seriously injured when he fell from a twenty-foot extension ladder, which had been placed on top of a five-foot baker's scaffold. At the time of the accident, plaintiff and his brother, also an employee of defendant, were painting a section of a chimney which was located twenty-four feet above ground. The Court held that plaintiff "met his initial burden of demonstrating his entitlement to judgment as a matter of law by submitting proof establishing that his injuries were proximately caused by the absence or inadequacy of safety devices affording him proper protection from an elevation-related risk. Both safety devices provided to the plaintiff, the scaffold and the ladder, 'were inadequate for the job at hand'" In Crespo v. City of New York (303 AD2d 166 [1st Dept 2003]) the additional insured endorsement in a policy obtained by a subcontractor at a construction site, which purported to make the construction manager an additional insured, did so only to the extent that the construction manager was held liable for the acts or omissions of the subcontractor. The Appellate Division, First Department held that: inasmuch as it has not been determined whether plaintiff's harm was caused by negligence of the subcontractor, and it remains possible that the trier of fact will find that plaintiff's harm was caused by negligence by the construction manager, it cannot now be determined whether the construction manager's claim falls within the subject additional insured endorsement. Id. at 167.