Fabrizi v. 1095 Avenue of Americas, L.L.C.

Summary

The New York Court of Appeals held that defendants were entitled to summary judgment dismissing the plaintiff’s Labor Law § 240 (1) claim. The conduit’s compression coupling was a component of the conduit assembly, not an enumerated safety device intended to protect workers from falling objects, and the failure to use a set-screw coupling therefore did not establish a § 240 (1) violation. The court reversed the Appellate Division’s order as to defendants 1095 Avenue of the Americas and J.T. Magen Construction Company and dismissed the appeal as to Dechert, LLP.

Holdings

1. Plaintiff was not entitled to summary judgment because he did not establish as a matter of law that defendants' failure to provide a set screw coupling, or another enumerated safety device, was a proximate cause of the accident.
2. Neither the compression coupling nor the proposed set screw coupling was a safety device within the meaning of Labor Law § 240 (1).
3. 1095 and Magen were entitled to summary judgment dismissing the Labor Law § 240 (1) claims against them.
4. Dechert's appeal was dismissed because Dechert did not move for summary judgment and was not aggrieved by the Appellate Division order.

Questions Presented

1. Whether plaintiff established entitlement to summary judgment under Labor Law § 240 (1) by showing that the conduit fell because defendants failed to use an adequate set screw coupling.
2. Whether the compression coupling or a set screw coupling was a safety device of the kind enumerated in Labor Law § 240 (1).
3. Whether defendants 1095 and Magen were entitled to summary judgment dismissing the Labor Law § 240 (1) claim.
4. Whether Dechert's appeal should be dismissed because it was not aggrieved by the Appellate Division order.

Disposition

reversed