Fall From Ladder

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In Goodwin v. Dix Hills Jewish Ctr., 2016 NY Slip Op 07293 (App. Div. 2nd Dept. Nov. 9, 2016), a construction accident case, the court held that plaintiff established a violation of New York Labor Law § 240(1). It therefore modified a lower court order denying plaintiff’s, and granting defendant’s, motion on that issue. Here are the…

Read More Injured Worker Who Fell From Ladder Entitled to Summary Judgment on Labor Law 240(1) Claim; Work Was Ancillary to Covered Activity of “Altering”
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In Ocana v. Quasar Realty Partners L.P., 2016 NY Slip Op 01902 (App. Div. 1st Dept. March 17, 2016), the court unanimously affirmed an order granting plaintiff’s motion for partial summary judgment on the issue of liability on his Labor Law § 240(1) cause of action. From the decision: Plaintiff made a prima facie showing of his…

Read More Wobbly Ladder Leads to Summary Judgment for Plaintiff in Labor Law 240(1) Construction Accident Case
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In Caceres v. Standard Realty Assoc., Inc. (App. Div. 1st Dept. Aug. 25, 2015), plaintiff worker was injured when he fell from a ladder. The appellate court reversed the lower court and granted plaintiff summary judgment on liability on his claim under New York Labor Law § 240(1) (the so-called “scaffold law”). Here are the facts…

Read More Fall From A-Frame Ladder; Plaintiff Gets Summary Judgment on Labor Law § 240(1) Claim
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In Ward v. Urban Horizons II Hous. Dev. Fund Corp. (NY App. Div. 1st Dept. May 7, 2015), the Appellate Division, First Department affirmed summary judgment for plaintiff on his Labor Law § 240(1) claim. Here are the facts of this personal injury/construction accident case: Plaintiff commenced this lawsuit seeking to recover for personal injuries sustained on July…

Read More Coworker Was “Looking at Girls” Instead of Ladder-Fall Plaintiff; Summary Judgment for Plaintiff on Labor Law 240(1)/Ladder Fall Claim Affirmed
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In Blanco v. NBC Trust No. 1996A, a construction accident personal injury case, the Appellate Division, First Department held that plaintiff was entitled to partial summary judgment on the issue of liability under Labor Law 240(1) claim. In finding for plaintiff, the court held: Dismissal of the Labor Law § 240(1) claim was improper in this…

Read More Plaintiff Electrician Entitled to Summary Judgment in Ladder Fall Case
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In DeRose v. Bloomingdale’s Inc., the Appellate Division, First Department held that plaintiff was entitled to partial summary judgment on liability on his Labor Law § 240(1) claim. While this case is but one data point in the ocean of Labor Law § 240(1) case law, it underscores the important point that a worker should not pay…

Read More Injured Carpenter Entitled to Summary Judgment on Liability, Where Supervisor Instructed Worker Not to Use Appropriate Scaffold
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