First Department Bucks Defendant’s Attempt at Summary Judgment
In a recent decision, the Appellate Division, First Department unanimously upheld a Supreme Court, New York County decision that denied the defendant’s motion for summary judgment to dismiss plaintiff’s Labor Law § 240(1) cause of action.
In Cicale v. Hines 1045 Avenue of the Americans Investors, LLC, 2024 NY Slip Op 05826, plaintiff alleged that he was injured while working as a carpenter at a construction site and in the process of installing door bucks on the second floor of that constriction site. While installing a door buck, plaintiff had loosened the screws attached to the door frame, then reached with his right hand under a raised access floor to adjust the door frame and/or door buck, and while, doing so, the door frame shifted, landing on his right hand, causing injuries.
In its decision the Supreme Court, New York County held that the defendants failed to meet their prima facie burden of establishing that plaintiff’s accident did not result from an object which “fell while being hoisted or secured, because of the inadequacy of a safety device of the kind enumerated under Labor Law § 240(1). The Second Department agreed, citing to precedent featuring a similar fact pattern involving a window falling out of a frame onto plaintiff’s hand. See Czajkowski v. City of New York, 126 A.D.3d 543, 2 N.Y.S.2d 900 (1st Dep’t 2015).
It’s interesting in this case that plaintiff did not move for summary judgment, as, according to the precedent cited to by the lower Court and the First Department, plaintiff likely would have won.
The Cicale decision can be found here.
For additional information, contact Philip D. Priore, Esq. and/or Michael J. Shields, Esq.
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