Ladder Slip – Pospis Law, PLLC

June 18, 2014 by mjpospis

Replacement of Windows Was “Repair”, Rather Than “Routine Maintenance”, Entitling Plaintiff Worker to Summary Judgment in Labor Law 240(1) Construction Accident Case

New York Labor Law § 240(1) is a very important statute, as it provides significant protections to workers who are exposed to gravity-related risks without being provided with adequate safety devices. However, in order for its considerable protections to kick in, it must be determined, in the first instance, whether it applies. Labor Law § 240(1) provides, in pertinent…

Ladder Slip Results in Summary Judgment for Plaintiff on Labor Law 240(1) Claim

In Serra v. Goldman Sachs Group, the Appellate Division, First Department held that the trial court properly granted plaintiffs’ motion for partial summary judgment as to liability on plaintiff’s Labor Law § 240(1) claim: [P]laintiffs submitted uncontradicted deposition testimony that the unsecured extended ladder upon which plaintiff was working slipped and fell out from underneath him.…