The Appellate Division, First Department in Campbell v. City of New York faced an extremely intersting issue regarding Labor Law sec. 240(1).  The injured worker was standing on a utility pole when a work truck struck it and caused the pole and the worker to fall.  The plaintiff claimed that the pole was in a decayed state  and, therefore, the owner of the cable line the plaintiff was trying to install was liable pursuant to Labor Law sec. 240(1).  The Court held that an issue of fact existed as to whether the force of the truck could have caused the pole to fall even if it were not in a decayed state.  If the force would have collapsed a nondefective, properly supported pole, the Court held that sec. 240(1) did not apply.