Work Related Injury Because a Ladder Was Too Short - NY Section 240(1) Labor Law Claim

In Robinson v. East Medical Ctr., LP (6 NY3d 550, 847 N.E.2d 1162, 814 N.Y.S.2d 589 [2006]), the Court affirmed the dismissal of a section 240(1) claim, on a summary judgment motion, where the worker fell from a ladder that was too short for the job he was performing, based on the worker's knowledge that proper ladders were available on the site and his failure to try to obtain one. The court reasoned that since the worker knew the proper ladders were available and knew where they were stored, his attempt to do the job with an inadequate, shorter, ladder was negligence that was the sole proximate cause of his fall.