“Foreseeability” In the Context of a Building Collapse
The First Department explained the “foreseeability” aspect of a Labor Law 240(1) action stemming from the collapse of a building:
A plaintiff in a case involving collapse of a permanent structure must establish that the collapse was “foreseeable,” not in a strict negligence sense, but in the sense of foreseeability of exposure to an elevation-related risk… . Garcia v Neighborhood Partnership Hous Dev Fund Co Inc, 2-14 NY Slip Op 00298, 1st Dept 1-21-14