Miro v. Plaza Construction

In Miro v. Plaza Construction, 9 NY3d 948 [2007] the plaintiff not only opted to use an unsafe ladder (i.e. one which was covered with fireproofing material) he also admitted that he could have, but did not, request a different ladder. The First Department reversed a grant of summary judgment to the plaintiff, and granted summary judgment to the defendant, stating "that where a plaintiff's own actions are the sole proximate cause of the accident, there can be no liability". The Court of Appeals, however, modified the decision to the extent of denying summary judgment to the defendant, and in a two-sentence decision stated : "Assuming that the ladder was unsafe, it is not clear from the record howeasily a replacement ladder could have been procured"