Neglecting to use an available safety device can result in dismissal when a defendant proves that a worker's "own conduct, rather than any violation of Labor Law § 240 (1), was the sole proximate cause of [the worker's] accident" (Cahill v Triborough Bridge & Tunnel Auth., 4 NY3d 35, 40, 823 N.E.2d 439, 790 N.Y.S.2d 74 [2004] [emphasis added]). [read post]