PLAINTIFF FELL FROM GROUND LEVEL TO A BELOW-GROUND-LEVEL ENTRANCEWAY; HE THEREFORE FELL FROM AN ELEVATED WORK SITE IN THE ABSENCE OF AN ADEQUATE SAFETY DEVICE AND WAS ENTITLED TO SUMMARY JUDGMENT ON THE LABOR LAW 240(1) CAUSE OF ACTION (FIRST DEPT). ​

The First Department, reversing (modifying) Supreme Court, determined plaintiff, who fell from ground level to a below-ground-level entranceway was entitled to summary judgment on the Labor Law 240(1) cause of action:

Plaintiff, employed as a plumber’s assistant, was injured when he fell over a barrier from the sidewalk level into a below-ground entranceway while attempting to retrieve a pipe at the bottom of the entranceway. Plaintiff was instructed to work near the barrier or “fence” above the underground entranceway to set up a winch, and as such was required to lean over the barrier to perform his work. Thus, even if plaintiff was working on the ground level, he was working on an elevated work site and was not provided with adequate safety devices to protect him from falling over the barrier … . Nunez v Hispanic Socy. of Am., 2026 NY Slip Op 06206, First Dept 10-22-26

Practice Point: Falling from ground level to below ground level in the absence of an adequate safety device warrants summary judgment on a Labor Law 240(1) cause of action.