Stopped Escalator Enumerated Device. Stairs Next?
“Stationary escalator” or, more commonly known as, “stairs.”
In a recent decision, the Appellate Division, First Department affirmed a Supreme Court, Bronx County decision that denied plaintiff’s motion for summary judgment on as to his Labor Law § 240(1) cause of action.
In Skydaniuk v. ESRT Empire State Building, LLC, et al., 2025 NY Slip Op 03150, plaintiff alleges that he was injured on a renovation project when he tripped and fell down a stationary escalator, which served as the sole means of access between two levels of a construction site where he was working. Testimony from the defendants indicates that to protect the escalator, the steps were covered with plastic sheeting and then duct-taped custom-cut Masonite board to the sheeting. Plaintiff alleges he tripped and fell on the escalator when duct tape got stuck to his boots and he slid on the Masonite.
After discovery, plaintiff moved for summary judgment as to his Labor Law § 240(1) cause of action, and the Supreme Court, Bronx County denied plaintiff’s motion, stating:
The First Department disagreed with the Supreme Court, noting that the elevator constituted an enumerated safety device, as it was an elevated surface on which plaintiff was required to work as it constituted the only way to access his work area. The defendants, therefore failed to provide plaintiff with a proper elevation-related safety device in violation of Labor Law § 240(1), which proximately caused plaintiff’s injuries, entitling him to summary judgment.
This is a troubling decision here from the First Department, though not without limiting language. It’s no difficult to imagine the leap from “stationary escalator,” an enumerated safety device, to arguments from plaintiff that “steps” themselves are an enumerated safety device for the purposes of Labor Law § 240(1). Though there is language indicating that the stationary escalator was the only way for plaintiff to access his worksite, in cases involving an escalator, you can expect to see this decision cited to.
The Skydaniuk decision can be found here.
For additional information, contact Philip D. Priore, Esq. and/or Michael J. Shields, Esq.
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