ALBANY – An appellate court in Albany last week upheld an $8.7 million verdict, finding that a defendant who provides a worker with a properly functioning ladder is not absolved of the absolute liability provisions in Labor Law �240.

“Although the ladder properly fulfilled its purpose of providing plaintiff with access to the roof, no safety device was provided to protect plaintiff against the second risk of falling from the roof once he had access to it,” the Appellate Division, Third Department, said through Justice Thomas E. Mercure.