Summary
The Appellate Division, Second Department affirmed the Supreme Court's order granting the plaintiff's motion for summary judgment on liability regarding a Labor Law § 240(1) claim. The plaintiff alleged he was injured when an unsecured ladder twisted and fell while performing demolition work at a hospital. The court determined the plaintiff made a prima facie showing that the defendants failed to provide appropriate safety devices, and the defendants failed to raise a triable issue of fact in opposition. Accordingly, the lower court's decision was upheld with costs.
Topics
Practice areas
Questions Presented
- Whether the plaintiff is entitled to summary judgment on liability under Labor Law § 240(1) because there is no triable issue of fact.
Holdings
- The plaintiff is entitled to summary judgment on liability because the defendants failed to raise a triable issue of fact.
Key quotations
“Labor Law § 240(1) "imposes on owners or general contractors and their agents a nondelegable duty, and absolute liability for injuries proximately caused by the failure to provide appropriate safety devices to workers who are subject to elevation-related risks" (Saint v. Syracuse Supply Co., 25 NY3d 117, 124).”
“To prevail on a cause of action alleging a violation of Labor Law § 240(1), a plaintiff must show, prima facie, that the defendant violated the statute and that such violation was a proximate cause of his or her injuries (Lochan v. H & H Sons Home Improvement, Inc., 216 AD3d 630, 632).”
Factual background
In April 2018, plaintiff Salvatore Buzzetta was performing demolition work at a hospital owned by the defendants when he fell from an unsecured ladder while using a chipping gun, sustaining personal injuries.
Procedural history
The Supreme Court, Kings County granted summary judgment in favor of the plaintiff on the issue of liability under Labor Law § 240(1). The defendants appealed that order to the Appellate Division, Second Department.