Injury While Trying to Prevent a Ladder (Used by a Co-worker) from Falling Is Covered Under Labor Law 240 (1)

The Second Department determined plaintiff’s accident was covered under Labor Law 240(1).  Plaintiff (Passantino) was steadying an unsecured ladder used by a co-worker.  When he let go of the ladder to pick up some cable, the ladder started to slip.  Plaintiff was injured while trying to prevent the ladder from falling:

Contrary to the defendant’s contention, the hazard presented here is one contemplated by Labor Law § 240(1) … . Indeed, the harm to Passantino was “the direct consequence of the application of the force of gravity” to the ladder … . The plaintiffs met their prima facie burden of establishing their entitlement to judgment as a matter of law on the cause of action alleging a violation of Labor Law § 240(1) by demonstrating that the defendant failed to provide Passantino with a safety device, and that this violation was a proximate cause of his injuries… . Passantino v Made Realty Corp, 2014 NY Slip Op 07136, 2nd Dept 10-22-14