Injury When Stepping Off a Ladder Not Actionable under Labor Law 240(1)—Injury Not Related to the Need for the Ladder

Plaintiff was injured when he stepped from a ladder onto a hose and grain dust.  The Fourth Department determined Supreme Court erred when it denied summary judgment to the defendant in a Labor Law 240 (1) action because “plaintiff’s injury resulted from a separate hazard wholly unrelated to the danger that brought about the need for the ladder in the first instance…”.  Smith v E E Austin & Son, Inc, CA 12-01554, 266, 4th Dept, 4-26-13