Heavy Shelves Bolted to the Wall Constituted a “Structure” and Dismantling the Shelves Constituted “Demolition” within the Meaning of the Labor Law

The First Department, reversing Supreme Court, granted summary judgment to the plaintiff on liability re: his Labor Law 240(1)  and 241(6) claims.  The court determined the dismantling of heavy shelves which were bolted to the wall constituted demolition of a structure within the meaning of the Labor Law:

Plaintiff was injured in a fall from an unsecured ladder while working in a warehouse, where his job was to “clean out, remove machines, break down structures . . . and ship them out.” The work included removal of heavy machinery and shelves that ran from floor to ceiling across three second-floor walls, each 50 feet long and 8 feet high, and were bolted to the floors and walls. The breaking down and removing of the shelves required the use of impact wrenches and sawzalls to cut the bolts. Removed materials, including shelving, were heavy, and had to be loaded in cages, which were then lifted by a pallet jack, moved to the edge of the second floor, and lowered to the first floor with a forklift. The dismantling of the shelves was a sufficiently complex and difficult task to render the shelving a “structure” within the meaning of Labor Law §§ 240(1) and 241(6) … . Moreover, in dismantling the shelving, plaintiff was engaged in “demolition” for purposes of §§ 240(1) and 241(6) … . Phillips v Powercrat Corp., 2015 NY Slip Op 02407, 1st Dept 3-24-15