In Xidias v. Morris Park, 35 AD3d 850, 851, 828 N.Y.S.2d 432 (2nd Dept., 2006), plaintiff contended he was injured when a metal framed window in the room where he was working dislodged, struck his body and cause him to fall from a ladder. The court held that Labor Law 240(1) did not apply, since the framed window that fell on the plaintiff was not material being hoisted or a load that required securing at the time it fell and there was no evidence that the ladder was actually defective, inadequately secured or otherwise failed to provide proper protection, Id.