NY Labor Law 240(1)

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In Garcia v Neighborhood Partnership Hous. Dev. Fund Co., Inc., the Appellate Division, First Department modified a lower court’s decision and held that plaintiffs were entitled to summary judgment on liability under Labor Law § 240(1), the so-called “Scaffold Law” (but not with respect to the remaining claims). The court explained the law under Labor Law §…

Read More Foreseeable Building Collapse Results in Summary Judgment for Plaintiffs Under “Scaffold Law” (Labor Law § 240(1))
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In Humphrey v. Park View Fifth Ave. Assoc. LLC, the court modified a lower court’s order to grant plaintiff’s motion for summary judgment on liability on his Labor Law § 240(1) claim, and affirmed the denial of defendants’ motion for summary judgment on plaintiff’s common-law negligence and Labor Law § 200 claims. Plaintiff claimed that he…

Read More Court Holds in Favor of Injured Construction Worker on Labor Law 200 and 240(1) Claims
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In Diaz v. 5-01-5-17 48th Avenue, LLC, the Second Department recently reversed a denial of summary judgment for plaintiff, and found that plaintiff established his entitlement to summary judgment, on his claim under New York Labor Law § 240(1). Initially, the court held that “no triable issue of fact existed as to the defendants’ ownership or…

Read More Fall From Collapsing, Unsecured Ladder Results in Summary Judgment for Plaintiff Worker in Labor Law § 240(1) Case
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In Matthews v. 400 Fifth Realty LLC, the Appellate Division, First Department reinstated plaintiff’s claims under Labor Law §§ 200 and 240(1).There, plaintiff was injured when a metal grate fell on him while he was working in the elevator shaft of a building owned by defendant 400 Fifth Realty. As to plaintiff’s Labor Law § 240(1) claim, the…

Read More Plaintiff Wins Under § 240(1) in “Falling Object” Case; No Requirement That Object Fell While Being Hoisted or Secured
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In Barreto v. Metropolitan Transportation Authority, the Appellate Division, First Department (Judges Tom, Friedman, Freedman, Feinman) court affirmed the dismissal of plaintiff’s claims under Labor Law §§ 200, 240(1) and 241(6), holding that plaintiff was the sole proximate cause of the injury-causing accident. Plaintiff was injured when he fell into an uncovered manhole while performing…

Read More Failure to Use “Perfect Safety Device” Dooms Plaintiff’s Labor Law § 240(1) Claim
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In Mutadir v. 80-90 Maiden Lane Del LLC, a construction accident case, the Appellate Division, First Department modified a lower court order and reinstated plaintiff’s Labor Law § 240(1) claim, but affirmed the dismissal of plaintiff’s Labor Law § 241(6), common-law negligence, and Labor Law § 200 claims. The accident: Plaintiff, a carpenter employed by…

Read More Carpenter Injured After Falling From Milk Crates May Continue Claims Under Labor Law § 240(1); Labor Law §§ 200 and 241(6) Claims Dismissed
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A recent appellate decision, Arto v. Cairo Construction (decided Sept. 18, 2013), illustrates the need for clear jury instructions in construction accident cases brought under New York Labor Law § 240(1). There, the Appellate Division, Second Department granted plaintiff a new trial on his Labor Law § 240(1) claim following a jury verdict for defendants. Defendants were…

Read More Ambiguous Jury Instruction Requires New Trial in Injured Roofer’s Labor Law § 240(1) Case
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The Appellate Division, Second Department recently affirmed (in Paredes v. 1668 Realty Assoc.) summary judgment for plaintiff on his New York Labor Law § 240(1) cause of action. Labor Law § 240(1) is a powerful statute that provides significant protections for injured construction workers in New York.  As explained by the court: The primary purpose…

Read More Masonry Worker Struck By Debris-Filled Bucket Wins on Liability Under Labor Law § 240(1)
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In Declercq v. WWP Office LLC, 2013 NY Slip Op 51552(U) (N.Y. Sup. Ct. N.Y. Co. Sept. 24, 2013), the court awarded partial summary judgment to plaintiff on his claim that he was injured after falling from a ladder. The court’s decision provides a good overview of the law under Labor Law § 240(1), and in particular…

Read More Employee Who Fell From Ladder While Cleaning Wins On Liability Under New York Labor Law § 240(1)
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