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PLAINTIFF ALLEGED HE WAS STANDING ON AN A-FRAME LADDER WHEN IT SHIFTED CAUSING A CONCRETE SLAB TO FALL ON HIS HAND; DEFENDANTS’ MOTION FOR SUMMARY JUDGMENT ON THE LABOR LAW 240(1) CAUSE OF ACTION SHOULD NOT HAVE BEEN GRANTED; IN ADDITION A DEFENDANT FAILED TO SHOW IT WAS NOT AN “OWNER” WITHIN THE MEANING OF LABOR LAW 240(1) (SECOND DEPT).

The Second Department, reversing Supreme Court, determined defendants’ motion for summary judgment on plaintiff’s Labor Law 240(1) cause of action should not have been granted. Plaintiff alleged the A-frame ladder he was standing when positioning a concrete slab shifted causing the slab to fall on his hand. In addition the Second Department determined defendant (Cappy’s) did not demonstrate it was not an “owner” within the meaning of Labor Law 240(1):

The defendants failed to show, prima facie, that this incident did not involve an injury caused by the failure to provide a safety device to protect against an elevation-related risk, within the meaning of the statute. In particular, the plaintiff’s work entailed attempting to move or lift a heavy slab of cement at ceiling or roof level, while standing on a ladder. The plaintiff testified that the ladder “moved” while he was reaching for the slab, causing the slab to fall or drop. The plaintiff alleges, inter alia, that a sling or other device should have been provided to secure the slab. Under these circumstances, the defendants failed to show, prima facie, that this incident did not result from the failure to provide such safety device to protect against an elevation-related risk, and the evidence also raised issues of fact as to that matter … .

Further, [defendant] Cappy’s failed to show, prima facie, that it cannot be deemed an “owner” within the meaning of Labor Law § 240(1). Under Labor Law §§ 240(1) and 241(6), “those parties with a property interest who hire the general contractor” are deemed “owners” … . “Lessees who hire a contractor and have the right to control the work being done are considered ‘owners’ within the meaning of the statutes” … . Gomez v 670 Merrick Rd. Realty Corp., 2020 NY Slip Op 07549, Second Dept 12-16-20

 

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