In Kwang Ho Kim v. D & W Shin Realty Corp. (47 AD3d 616 [2008]) a plaintiff sustained injuries when the ladder he was working on outside of a building slipped out from under him during a rain storm. There was evidence that plaintiff was not holding onto the ladder when he fell and that he disregarded a supervisor's order to stop working because it was raining and plaintiff was working alone. Nevertheless, the Second Department determined that the trial court erred in dismissing plaintiff's Labor Law 240 (1) claim pursuant to the proximate cause defense. Specifically, the Kim court ruled: "The fact that the plaintiff was not holding onto the ladder when he fell does not obviate the statutory requirement to provide proper protection where plaintiff's work required the use of both hands. Moreover, it cannot be said that the plaintiff was the sole proximate cause of the accident as there is evidence that the failure to secure the ladder contributed to his fall. Likewise, [movant] did not establish, as a matter oflaw, that the plaintiff's failure to heed [his supervisor's] instructions to stop working was the sole proximate cause of his injuries" (Kwang Ho Kim, 47 AD3d at 616).