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PLAINTIFF FELL FROM A SCAFFOLD THAT DID NOT HAVE SAFETY RAILINGS, SUMMARY JUDGMENT ON THE LABOR LAW 240 (1) AND 241 (6) CAUSES OF ACTION PROPERLY GRANTED (SECOND DEPT),

The Second Department determined plaintiff was properly awarded summary judgment on his Labor Law 240 (1) and 241 (6) causes of action. Plaintiff fell from a scaffold that did not have safety railings:

The plaintiff met his prima facie burden of demonstrating a violation of Labor Law § 240(1) and that this violation was a proximate cause of his injuries, through his uncontradicted deposition testimony that he fell from a scaffold that did not have safety railings and that he was not provided with a safety device to prevent him from falling … . Similarly, the plaintiff met his prima facie burden with respect to his Labor Law § 241(6) cause of action by establishing that the scaffold was a movable scaffold that lacked safety railings in violation of 12 NYCRR 23-5.18(b) … . In opposition, the defendant failed to raise a triable issue of fact … . Morocho v Boulevard Gardens Owners Corp., 2018 NY Slip Op 06730 Second Dept 10-10-18

LABOR LAW-CONSTRUCTION LAW (PLAINTIFF FELL FROM A SCAFFOLD THAT DID NOT HAVE SAFETY RAILINGS, SUMMARY JUDGMENT ON THE LABOR LAW 240 (1 AND 241 (6) CAUSES OF ACTION PROPERLY GRANTED (SECOND DEPT))/SCAFFOLDS (LABOR LAW-CONSTRUCTION LAW, PLAINTIFF FELL FROM A SCAFFOLD THAT DID NOT HAVE SAFETY RAILINGS, SUMMARY JUDGMENT ON THE LABOR LAW 240 (1 AND 241 (6) CAUSES OF ACTION PROPERLY GRANTED (SECOND DEPT))

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