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THE COLLAPSE OF A NEIGHBORING STRUCTURE WAS FORESEEABLE; PLAINTIFF, WHO WAS STRUCK BY A PIECE OF CONCRETE FROM THE STRUCTURE, WAS ENTITLED TO SUMMARY JUDGMENT ON THE LABOR LAW 240(1) CAUSE OF ACTION (FIRST DEPT).

The First Department, reversing Supreme Court, determined the collapse of a neighboring structure which resulted in a piece of concrete striking the plaintiff, was foreseeable. Therefore the plaintiff was entitled to summary judgment on the Labor Law 240(1) cause of action:

Contrary to defendants’ position, the event was foreseeable, rendering Labor Law § 240(1) applicable and summary judgment on that claim appropriate … . Whether the collapse of a permanent structure is foreseeable is analyzed “not in a strict negligence sense, but in the sense of foreseeability of exposure to an elevation-related risk” … . Here, the possibility of insecurity in the foundation developing after adjacent demolition was well known to defendants, as evinced by the need for a support plan in the first instance. As noted by an expert engaged by defendants themselves in earlier motion practice, photographs of the facade showed poorly consolidated and deteriorated concrete with numerous voids, obvious discontinuities, several cold unbonded joints, and the appearance of having been constructed without steel reinforcing bars. It was thus foreseeable that the newly exposed and unsupported wall, or a portion thereof, would fail.

Moreover, plaintiffs established that [plaintiff’s] injuries were caused by the lack of any safety device of the kind enumerated in Labor Law § 240(1) to secure the neighboring foundation. Plaintiffs’ expert established that defendants failed to properly underpin the foundation of the adjoining building by bracing and shoring the “poor conditions of the concrete and the obvious presence of cold joints within the excavated pins of the underpinning work.” Moises-Ortiz v FDB Acquisition LLC, 2025 NY Slip Op 05746, First Dept 10-16-25

Practice Point: Here the collapse of the neighboring structure, injuring plaintiff, was foreseeable, entitling plaintiff to summary judgment on his Labor Law 240(1) cause of action.

 

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