In McCarthy v. Turner Constr., Inc. (52 AD3d 333 [1st Dept 2008]), the plaintiff stood on an unsecured ladder that tipped over, causing him to fall to the floor. In affirming the grant of summary judgment to the plaintiff under section 240 (1), the First Department stated that the plaintiff was not required to show that the ladder was somehow defective, and that "'it is sufficient for purposes of liability under section 240 (1) that adequate safety devices to prevent the ladder from slipping or to protect plaintiff from falling were absent'" (id. at 334.)