O'Brien v. Port Authority of New York and New Jersey

Summary

The New York Court of Appeals held that triable issues of fact precluded summary judgment for the plaintiff on liability under Labor Law § 240 (1). The parties' experts disagreed about whether the temporary metal staircase provided adequate protection against the risk of falling, and the Court concluded that the staircase's mere presence and the plaintiff's fall did not establish a statutory violation. The Court modified the Appellate Division's order and answered the certified question in the negative.

Holdings

1. Plaintiff was not entitled to summary judgment on liability because triable issues of fact existed as to whether the temporary staircase provided adequate protection against the risk of falling.
2. The mere fact that a worker fell at a construction site, including down stairs, does not by itself establish a violation of Labor Law § 240 (1).
3. Compliance with industry standards does not, by itself, establish that a safety device was adequate under Labor Law § 240 (1).

Questions Presented

1. Whether plaintiff was entitled to partial summary judgment on liability under Labor Law § 240 (1) where conflicting expert opinions created factual disputes concerning the adequacy of a temporary metal staircase.
2. Whether a fall at a construction site, standing alone, establishes a violation of Labor Law § 240 (1).
3. Whether the certified question should be answered in the negative.

Disposition

reversed_and_remanded