In Jenkins v. Board of Managers of Southampton Meadows Condominium, 269 AD2d 427, 703 NYS2d 725, (2nd Dept 2000), the injured plaintiff was "required to walk across a plank that had been placed across a three-feet-deep trench at a construction site. While walking across the plank carrying a hose over his shoulder, the plank became dislodged and the plaintiff fell, sustaining injuries." The Court affirmed the lower court's grant of partial summary judgment to plaintiff worker as to Labor Law 240(1).