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PLANK USED TO CROSS GAP IN ROOF COLLAPSED, PLAINTIFF ENTITLED TO SUMMARY JUDGMENT ON LABOR LAW 240(1) CAUSE OF ACTION.

The First Department determined plaintiff was entitled to summary judgment on his Labor Law 240(1) cause of action. A plank plaintiff was using to cross a gap in the roof collapsed:

The alleged discrepancies between plaintiff’s account of the accident and the accounts of two of plaintiff’s coworkers are irrelevant to plaintiff’s central contention that he fell when the plank collapsed, and that he was not provided with proper protection … . Moreover, defendant raised no issues of fact as to whether plaintiff was the sole proximate cause of the accident. Even assuming the presence of additional safety devices at the work site, there was no evidence that plaintiff was aware of their availability or that he was expected to use them … . DeFreitas v Penta Painting & Decorating Corp., 2017 NY Slip Op 00277, 1st Dept 1-17-17

LABOR LAW-CONSTRUCTION LAW (PLANK USED TO CROSS GAP IN ROOF COLLAPSED, PLAINTIFF ENTITLED TO SUMMARY JUDGMENT ON LABOR LAW 240(1) CAUSE OF ACTION)

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TEACHER ACQUIRED TENURE BY ESTOPPEL (FIRST DEPT).
FAMILY COURT ABUSED ITS DISCRETION IN ORDERING UNSUPERVISED VISITATION WITH CHILDREN WHO HAD BEEN REMOVED FROM THE PARENTS’ CARE, THERE WAS NO EVIDENCE OF A CHANGE IN CIRCUMSTANCES SINCE THE DENIAL OF THE PARENTS’ APPLICATION TO HAVE THE CHILDREN RETURNED TO THEM (FIRST DEPT).
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