The Second Department determined neither defendant nor plaintiff’s decedent was entitled to summary judgment on the Labor Law 240(1) cause of action. Plaintiff’s decedent had to climb up a stationary ladder to access an elevator motor for repair. He slipped off the ladder while descending. The ladder was deemed a safety device covered by Labor Law 240(1) but there was question of fact whether the ladder offered adequate protection:
The defendant failed to establish, prima facie, that the plaintiff’s decedent was not engaged in a covered activity at the time of the injury. To the contrary, the record evidence supports the plaintiff’s contention that the decedent was repairing a malfunctioning elevator car when the accident occurred … .
Moreover, under the circumstances presented, the permanently affixed ladder, which provided the only means of access to the elevated motor room, functioned as a “safety device” within the meaning of the statute … . ,,,
Supreme Court properly denied the plaintiff’s motion for summary judgment on the issue of liability with respect to the Labor Law § 240(1) cause of action, as the evidence submitted on the plaintiff’s motion raised triable issues of fact as to whether the ladder afforded the decedent adequate protection for entering and exiting the motor room … . Esquivel v 2707 Creston Realty, LLC, 2017 NY Slip Op 03155, 2nd Dept 4-26-17
LABOR LAW-CONSTRUCTION LAW (ELEVATOR REPAIR COVERED UNDER LABOR LAW 240(1), STATIONARY LADDER WAS A SAFETY DEVICE, QUESTION OF FACT WHETHER THE LADDER AFFORDED ADEQUATE PROTECTION)/ELEVATORS (LABOR LAW-CONSTRUCTION LAW, ELEVATOR REPAIR COVERED UNDER LABOR LAW 240(1), STATIONARY LADDER WAS A SAFETY DEVICE, QUESTION OF FACT WHETHER THE LADDER AFFORDED ADEQUATE PROTECTION)