Labor Law § 240(1) Does Not Require Plaintiff To Show That His Injury Was Foreseeable Except In Case Involving the Collapse of a Permanent Structure
In a decision issued on March 29, 2012, the Appellate Division, First Department, held in Ortega v. City of New York that, in a Labor Law § 240(1) case – here, arising from plaintiff’s use of a “tremie rack” (example pictured) – “a plaintiff is not required to demonstrate that the injury was foreseeable, except…
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