DaSilva v. Super P57, LLC

Summary

The New York Appellate Division, First Department modified and otherwise affirmed an order concerning plaintiffs' Labor Law claims arising from a fall from an elevated plank. The court upheld partial summary judgment for the injured plaintiff under Labor Law § 240(1), rejected the sole-proximate-cause defense, and deemed the Labor Law §§ 200 and 241(6) claims academic.

Holdings

1. The plaintiff was entitled to partial summary judgment on Labor Law § 240(1) because he fell from a height that was not de minimis, and the inadequate fall-prevention system was a proximate cause of his injury.
2. Defendants did not establish a sole-proximate-cause defense because they failed to show that plaintiff deliberately disobeyed a direct instruction to use the available clamps or tie-downs, failed to show that the scissor lift would have permitted the work to be performed safely, and could not rely on sole proximate cause where multiple safety-device shortcomings contributed to the accident.
3. The branches of the parties' motions concerning Labor Law §§ 200 and 241(6) were properly denied as academic because the plaintiff was entitled to partial summary judgment on Labor Law § 240(1).

Questions Presented

1. Whether the plaintiff established entitlement to partial summary judgment under Labor Law § 240(1) based on a fall from an elevation that was not de minimis.
2. Whether defendants established a sole-proximate-cause or recalcitrant-worker defense based on plaintiff's alleged failure to secure the plank, use available tie-downs, or use a scissor lift.
3. Whether the plaintiff's Labor Law §§ 200 and 241(6) claims remained necessary to decide after summary judgment was granted on the Labor Law § 240(1) claim.

Disposition

other