Court of Appeals of New York

In this personal injury action, plaintiff construction worker sustained injuries after he slipped on ice and fell to the floor while using stilts to install insulation in the ceilings of a newly constructed apartment building development. Defendant owned the premises upon which plaintiff was working. Defendant's motion for partial summary judgment dismissing the Labor Law section 240(1) claim against it is granted, and the judgment is otherwise affirmed, where: 1) plaintiff cannot recover under section 240(1) because his injuries resulted from a slip on ice, which, under these facts, is a separate hazard unrelated to the elevation risk that necessitated the provision of a safety device in the first instance; and 2) any alleged violations of the Industrial Code do not establish a violation of Labor Law section 240(1).

Appellate Information

• Decided 04/02/2015
• Published 04/02/2015

Judges

• Stein

Court

• Court of Appeals of New York

Counsel