In Bustos v. Rome Gen. Hardware & Lumber, Justice Julian of the Oneida Supreme Court analyzes, in depth, the Court of Appeals decision in Blake v. Neighborhood Hous. Servs. of New York City.  The plaintiff injured himself after falling from an extension ladder, which slipped to its side, when he was attempting to bring an A-frame ladder up to the roof of the defendant’s commercial building.  The defendant argued that it had not violated Labor Law Section 240(1) because the ladder was in good-working condition and that the plaintiff made the affirmative choice not to "tie-off" the ladder.

Justice Julian rejected the defendant’s argument, holding that the very fact that the ladder slipped indicated the defendant had not provided the plaintiff with proper protection as required under section 240(1).  That the defendant had not provided the plaintiff with anything to secure the ladder demonstrated the violation. 

This opinion is an odd one becase Justice Julian went to great lengths to distinguish Blake, even citing portions of the Record on Appeal in that case.