ROBERTS v. CALDWELL (2005)

Supreme Court, Appellate Division, First Department, New York.

Ronald ROBERTS, Plaintiff-Respondent, v. Sylvia CALDWELL, Defendant-Appellant.

Decided: November 10, 2005

BUCKLEY, P.J., TOM, ANDRIAS, SULLIVAN, MALONE, JJ.

Arthur Lawrence Alexander, New York, for appellant. Trief & Olk, New York (Barbara E. Olk of counsel), for respondent.

Order, Supreme Court, Bronx County (Sallie Manzanet, J.), entered September 30, 2004, which granted plaintiff's motion for summary judgment as to liability on his Labor Law § 240(1) claim, and denied defendant's cross motion for summary judgment insofar as it sought dismissal of plaintiff's Labor Law § 240(1) and § 241(6) claims, unanimously affirmed, without costs.

There is no dispute that plaintiff, while engaged in performing contracted-for renovations and alterations on defendant's premises, fell from an inadequately secured ladder. While plaintiff may not have been performing his assigned duties at the time of the accident, he was helping co-workers with other renovation related work on defendant's premises, and thus should not be deprived of the protection of Labor Law § 240(1) or § 241(6) (see Calaway v. Metro Roofing & Sheet Metal Works, Inc., 284 A.D.2d 285, 727 N.Y.S.2d 426 [2001]; Reeves v. Red Wing Co., 139 A.D.2d 935, 527 N.Y.S.2d 916 [1988] ).

We have reviewed defendant's remaining arguments and find them unavailing.

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