Lenicio Robles v. 53-63 Walton LLC, et al.

Summary

The Appellate Division, First Department modified an order concerning a construction-worker plaintiff's Labor Law claims. The court granted plaintiff summary judgment on liability under Labor Law § 240(1), finding that the unrebutted evidence showed he fell from a loose, unsecured ladder without adequate safety devices, and otherwise affirmed the order; arguments concerning Labor Law § 241(6) were deemed academic.

Holdings

1. Plaintiff established prima facie entitlement to summary judgment on liability under Labor Law § 240(1) through unrebutted testimony that the only available ladder was loose, lacked rubber feet, and shifted while he used it, together with the absence of evidence that the ladder was secured or that adequate safety devices were provided.
2. Plaintiff was not the sole proximate cause of his injury merely because he placed a foot on a railing while working, where he gave a specific reason for using the ladder and railing in that manner and the available work area required that configuration.
3. Plaintiff was entitled to summary judgment on Labor Law § 240(1) liability regardless of comparative fault.
4. The parties' arguments concerning plaintiff's Labor Law § 241(6) cause of action were academic in light of the court's determination on the Labor Law § 240(1) claim.

Questions Presented

1. Whether plaintiff established entitlement to summary judgment on liability under Labor Law § 240(1) based on the unsecured and shifting ladder.
2. Whether plaintiff's placement of a foot on a railing made him the sole proximate cause of his injury.
3. Whether the parties' arguments concerning plaintiff's Labor Law § 241(6) claim remained justiciable after the court granted plaintiff summary judgment under Labor Law § 240(1).

Disposition

other