The First Department affirmed the denial of summary judgment to plaintiff on his cause of action under Labor Law § 240(1), in Boccia v. City of New York, which was decided on December 20, 2007. The court said there was an issue of fact as to whether plaintiff fell from the ladder because it "shifted" or "slipped" due to water, mud, concrete mortar and other debris on the ground, as plaintiff claims, or because of "wet concrete" or "wet cement" on his boots, as defendant claims. The court found that issue in the accident reports prepared by plaintiff's foreman, in plaintiff's presence, in which plaintiff said he slipped on the ladder because of a wet substance on his boots.