You are here: / / BUILDING OWNER LIABLE UNDER LABOR LAW 240(1) FOR INJURY CAUSED BY FALLING ...

BUILDING OWNER LIABLE UNDER LABOR LAW 240(1) FOR INJURY CAUSED BY FALLING ELEVATOR.

The First Department determined plaintiff was entitled to summary judgment on his Labor Law 240(1) cause of action. Plaintiff, McCrea, was repairing an elevator when it fell on him. The court explained the relevant law, including the criteria for demonstrating an injured worker's actions were the sole proximate cause of the injury:

The evidence here establishes that at the time of the accident, McCrea was engaged in “repair” work because the elevator's safety shoes were not operating properly, and the condition was an isolated event, unrelated to normal wear and tear … . In addition, the elevator was a “falling object” within the meaning of the Labor Law, even though it was not actually being hoisted or secured at the time of the accident, because it required securing for the purpose of McCrea's repair work … .

As plaintiff was engaged in activity protected by Labor Law § 240(1) at the time of the incident, Arnlie, as owner of the building, is subject to absolute liability for injuries which resulted from its failure to provide plaintiff with proper safety devices …, without regard to the comparative fault of plaintiff … . Where the worker is the sole proximate cause of the injury, however, the premises owner will not be liable … . “[T]o raise a triable issue of fact as to whether a plaintiff was the sole proximate cause of an accident, the defendant must produce evidence that adequate safety devices were available, that the plaintiff knew that they were available and was expected to use them, and that the plaintiff unreasonably chose not to do so, causing the injury sustained” … .

Here, there is no indication that plaintiff refused or misused available safety equipment. McCrea v Arnlie Realty Co. LLC, 2016 NY Slip Op 04330, 1st Dept 6-7-16

LABOR LAW-CONSTRUCTION LAW (BUILDING OWNER LIABLE UNDER LABOR LAW 240(1) FOR INJURY CAUSED BY FALLING ELEVATOR)/ELEVATORS (BUILDING OWNER LIABLE UNDER LABOR LAW 240(1) FOR INJURY CAUSED BY FALLING ELEVATOR)

You might also like
PLAINTIFF SHOULD HAVE BEEN GRANTED SUMMARY JUDGMENT ON HIS LABOR LAW 240 (1) CAUSE OF ACTION, PLAINTIFF’S LADDER SHIFTED AND HE FELL, HEARSAY IN A REPORT WHICH CONSTITUTED A MISTRANSLATION OF THE PLAINTIFF’S STATEMENT DID NOT RAISE A TRIABLE ISSUE OF FACT (FIRST DEPT).
PLAINTIFF’S MOTION FOR SUMMARY JUDGMENT ON HIS LABOR LAW 240 (1) CAUSE OF ACTION IN THIS LADDER-FALL CASE SHOULD HAVE BEEN GRANTED; THE PROPERTY OWNER WAS ENTITLED TO COMMON LAW INDEMNITY (FIRST DEPT).
MEMORANDUM PREPARED BY PLAINTIFF’S GENERAL COUNSEL PROTECTED FROM DISCLOSURE BY COMMON INTEREST PRIVILEGE (FIRST DEPT).
CONTINUOUS TREATMENT DOCTRINE NOT AFFECTED BY A YEAR AND THREE MONTH GAP IN TREATMENT, DEFENDANTS’ SUMMARY JUDGMENT MOTION SHOULD NOT HAVE BEEN GRANTED IN THIS MEDICAL MALPRACTICE ACTION (FIRST DEPT).
KESHA, A RECORDING ARTIST, MADE PUBLIC STATEMENTS THAT HER MUSIC PRODUCER, GOTTWALD, HAD DRUGGED AND SEXUALLY ABUSED HER; GOTTWALD WAS PROPERLY AWARDED SUMMARY JUDGMENT IN HIS DEFAMATION ACTION; GOTTWALD DID NOT HAVE TO PROVE MALICE BECAUSE HE WAS NOT A GENERAL-PURPOSE OR LIMITED-PURPOSE PUBLIC FIGURE; TWO DISSENTERS DISAGREED (FIRST DEPT).
Writ of Prohibition Barring Retrial Granted—Mistrial Granted Without Consent of Defendant Was Not Justified
FOR CAUSE CHALLENGE TO JUROR WHO EXPRESSED BIAS IN FAVOR OF THE CREDIBILITY OF POLICE OFFICERS SHOULD HAVE BEEN GRANTED (FIRST DEPT).
A CLAUSE IN AN EMPLOYMENT CONTRACT PURPORTING TO WAIVE THE RIGHT TO BRING A CLASS ACTION SUIT AND SUBMIT COLLECTIVE CLAIMS TO ARBITRATION VIOLATED THE NATIONAL LABOR RELATIONS ACT AND IS UNENFORCEABLE 1ST DEPT.

Categories

Sign Up for the Mailing List to Be Notified When the Site Is Updated.

  • This field is for validation purposes and should be left unchanged.

Copyright © 2026 New York Appellate Digest, Inc.
Site by CurlyHost | Privacy Policy

FEDERAL CONVICTION FOR FAILING TO REGISTER AS A SEX OFFENDER WAS NOT A QUALIFYING... TOWN DID NOT ADDRESS ALL THEORIES OF LIABILITY RAISED BY THE PLEADINGS IN THIS...