In Duggan v. National Constructors & Engineers (223 App Div 163 [1st Dept 1928]) the "'made in a minute ladder'" was constructed and erected by a subcontractor and was the only way to descend from the fifteenth floor. Thus, "it was thus necessary for the plaintiff and all other workmen to use the ladder constructed and erected" by that subcontractor (Duggan, 223 App Div at 165). In concluding that the subcontractor who lent the ladder to the plaintiff was liable under Labor Law 240, the Court found that "an obligation under the circumstance here disclosed arises in an owner or contractor who erects a ladder to anticipate that it will be used by persons engaged in occupations in the construction of the structure but not in his employ " (id. at 166). The court further reasoned that: Where the nature of the construction and the commingling of the employees in a common object at the time of the erection of a ladder requires it, a person who constructs a scaffold or erects a ladder to be used in the performance of labor in the erection of a building has a duty incapable of delegation, not merely to his own employees, but to all others making use of the structure for that purpose, to make such instruments of performance safe. The mere fact that it was used by one not an employee of the defendant does not discharge the latter of liability where a duty exists of making a safe scaffold or ladder for use of employees in the performance of the work (id).