In Blanco v. NBC Trust No. 1996A, a construction accident personal injury case, the Appellate Division, First Department held that plaintiff was entitled to partial summary judgment on the issue of liability under Labor Law 240(1) claim. In finding for plaintiff, the court held:
Dismissal of the Labor Law § 240(1) claim was improper in this action where plaintiff electrician was injured when, while in the course of replacing ballasts on 25 light fixtures, he fell when the A-frame ladder he was attempting to descend swayed. Plaintiff’s work at the time of the accident was activity covered under the statute, as it was performed in the context of a larger renovation project on the premises and did not constitute routine maintenance work. Given the undisputed evidence as to how the accident occurred, and absence of evidence showing that plaintiff was the sole proximate cause of the accident.