No One Shocked as First Department Affirms Summary Judgment in § 240(1) Case After Fall Off of Ladder
In a recent decision, the Appellate Division, First Department unanimously affirmed a Supreme Court, Bronx County decision that granted plaintiff’s motion for partial summary judgment on his Labor Law §§ 240(1) and 241(6) causes of action.
In Saula v. Harlem Urban Dev. Corp., 2025 NY Slip Op 00835, plaintiff alleged that he was injured when he slipped on the stop, first rung of a wet ladder while descending between the first and second floors of a jobsite. Notably, this was the only means of access between the two floors, and the defendants did not require him to use fall protection gear when using the ladder.
The Appellate Division, First Department held that plaintiff met his prima facie burden by showing that the ladder lacked both slip protection and a tie-off point, violating Labor Law § 240(1). The defendants failed to raise a triable issue of fact in opposition.
This is a textbook example of a fall off of a ladder, albeit without Sudden Moving Ladder Syndrome. The duty is on the owners, general contractors or their statutory agents to erect and place safety devices so that they protect workers from injury. That includes making sure those devices are not hazardous when in use by workers.
The Saula decision can be found here.
For additional information, contact Philip D. Priore, Esq. and/or Michael J. Shields, Esq.
This article was prepared by McCormick & Priore, P.C. to provide information on recent legal developments of interest to our readers. This publication is in no way intended to provide legal advice or to create an attorney-client relationship. All Rights Reserved. This article may not be reprinted without the express written permission of McCormick & Priore, P.C.