In Torres v. Monroe College, et al. (12 AD3d 261 [1st Dept 2004]) the court granted summary judgment to a plaintiff who placed an unopened A-frame ladder on top of a scaffold and leaned it against the wall. The court held that: "Defendant's failure to ensure that the scaffold plaintiff needed to perform his assigned task provided proper protection and was properly secured and braced, constituted a proximate cause of the accident.