SUMMARY JUDGMENT TO PLAINTIFF ON THE LABOR LAW 240 (1) CAUSE OF ACTION, BASED UPON A FALL FROM A LADDER, WAS PREMATURE AS IT WAS BASED SOLELY ON PLAINTIFF’S DEPOSITION.

The Fourth Department, reversing Supreme Court, determined the grant of summary judgment to plaintiff in this Labor Law 240 (1) action, based on plaintiff’s fall from a ladder, was premature. The ruling on the motion was based solely on the deposition of the plaintiff:

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Stephen J. Jones (plaintiff), an employee and owner of third-party defendant Stephen J. Jones Contracting, Inc., fell from a ladder while working on a single-family home. Plaintiff and his wife thereafter commenced this Labor Law and common-law negligence action against, inter alia, defendant-third-party plaintiff Jay P. Tovey Co., Inc. (defendant), the general contractor on the project. Insofar as relevant to this appeal, plaintiffs cross-moved for partial summary judgment on the issue of defendant’s liability under Labor Law § 240 (1). We agree with defendant that, in view of the limited discovery that has been conducted, Supreme Court erred in granting the cross motion … . Notably, discovery has been limited to plaintiff’s own account of the accident during his examination before trial, and defendant has not had an opportunity to explore potential defenses … . Jones v Jay P. Tovey Co., Inc., 2017 NY Slip Op 05017, 4th Dept 6-16-17

LABOR LAW-CONSTRUCTION LAW (SUMMARY JUDGMENT TO PLAINTIFF ON THE LABOR LAW 240 (1) CAUSE OF ACTION, BASED UPON A FALL FROM A LADDER, WAS PREMATURE AS IT WAS BASED SOLELY ON PLAINTIFF’S DEPOSITION)/CIVIL PROCEDURE (LABOR LAW-CONSTRUCTION LAW, SUMMARY JUDGMENT TO PLAINTIFF ON THE LABOR LAW 240 (1) CAUSE OF ACTION, BASED UPON A FALL FROM A LADDER, WAS PREMATURE AS IT WAS BASED SOLELY ON PLAINTIFF’S DEPOSITION)