Scaffold

May 14, 2015 by mjpospis

Court Affirms Summary Judgment for Plaintiff, Who Fell From Baker’s Scaffold, on Labor Law § 240 Claim

In Strojek v. 33 E. 70th St. Corp. (App. Div. 1st Dept. May 14, 2015), a personal injury / construction accident case, the Appellate Division, First Department unanimously affirmed partial summary judgment on the issue of liabilty for plaintiff on his Labor Law § 240(1) cause of action. The court held: Plaintiff established his entitlement to judgment as a matter of…

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

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…