The New York Court of Appeals will hear oral arguments in yet another Labor Law sec. 240(1) case this month — Berg v. Albany Ladder Co.  In Berg, the plaintiff was hurt during the course of unloading steel trusses from a flatbed truck at a construction site.  The Appellate Division, Third Department Majority determined that the accident wasnot caused by the lack of a required safety device but, rather, by the improper movement of the trusses moved by a forklift.