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PLAINTIFF WAS ENGAGED IN AN “ALTERING” ACTIVITY COVERED BY LABOR LAW 240 AND THE ACCIDENT–AN OBJECT FALLING DOWN A MANHOLE AND STRIKING PLAINTIFF–WAS ELEVATION-RELATED (FIRST DEPT).

The First Department, reversing Supreme Court, determined plaintiff was engaged in work covered by Labor Law 240 and the accident–an object falling down a manhole and striking plaintiff–was elevation-related:

Plaintiff established that he was engaged in an “altering” activity as enumerated by Labor Law § 240(1). … [P]laintiff’s work involved more than “feeding cable through a preexisting hole.” Rather, it was part of a much larger, multi-worker project to install a fiber optic network through a 20-manhole structure where none had previously existed, with the ultimate goal of installing the cables into the school buildings, which would necessarily require drilling holes into the foundation of the school buildings in order to reach the communications room … . …

… [T]he vacuum that fell from ground level into the manhole and struck plaintiff on the head posed the type of elevation-related risk covered by Labor Law § 240(1) … . Keilitz v Light Tower Fiber N.Y., Inc., 2023 NY Slip Op 05661, First Dept 11-9-23

Practice Point: Here the plaintiff was installing a fiber optic network and was struck by an object which fell down the manhole he was in. He was engaged in “altering” within the meaning of Labor Law 240. The accident was elevation-related within the meaning of Labor Law 240. He was entitled to summary judgment.

 

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