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PLAINTIFF FELL FROM AN UNGUARDED ELEVATED PLATFORM; PLAINTIFF’S MOTION FOR SUMMARY JUDGMENT ON THE LABOR LAW 240 (1) CAUSE OF ACTION SHOULD HAVE BEEN GRANTED; DEFENDANT’S MOTION FOR SUMMARY JUDGMENT ON THE LABOR LAW 200 CAUSE OF ACTION SHOULD HAVE BEEN DENIED (FIRST DEPT).

The First Department, reversing Supreme Court, determined plaintiffs’ motion for summary judgment on the Labor Law 240 (1) cause of action should have been granted, and defendants’ motion for summary judgment on the Labor Law 200 cause of action should not have been granted in this “fall from an elevated platform” case:

Plaintiff electrician was injured when he fell from an elevated concrete platform on his work site that did not have safety rails or stairs, and over which he was repeatedly required to traverse to access an electrical panel to do his work. This accident falls within the ambit of Labor Law § 240(1), because plaintiff’s injuries were the direct consequence of a failure to provide adequate protection, such as a guardrail or stairs, to prevent the risk posed by the physically significant elevation differential … .

Since plaintiffs’ Labor Law § 200 claim is premised upon [defendant’s] alleged notice and failure to remedy the dangerous condition of materials stored haphazardly on the platform where plaintiff fell, it should have been sustained … . Coombes v Shawmut Design & Constr., 2019 NY Slip Op 06455. 9-10-19​

 

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