In a recent decision, the Appellate Division, First Department modified a Supreme Court, Bronx County decision that, inter alia[1]<\/a>, denied plaintiff\u2019s motion for summary judgment on his Labor Law \u00a7 240(1) claim.\u00a0<\/p>\n In Carranca v. Memorial Hosp. for Cancer & Allied Diseases<\/em>, 2024 NY Slip Op 01671 (1st<\/sup> Dep\u2019t 2024), plaintiff alleged that while he was working in an elevator shaft, a 150-pound formwork panel fell approximately four feet onto his right knee as his co-workers attempted to manually hand up the panel to an overhead suspended scaffold.\u00a0<\/p>\n Plaintiff submitted evidence including his deposition testimony, and supplemental affidavit, an incident report, and the general contractor\u2019s written safety policies[2]<\/a>.\u00a0 In its decision, the lower Court found a question of fact and held that while it could be inferred from the nature of the accident itself that due to the size and weight of the form, it could fall and strike a worker below, plaintiff failed to establish, prima facie, that the defendant was obligated to provide safety devices of the kind enumerated in Labor Law \u00a7 240(1) in order to secure the form.<\/p>\n The First Department disagreed with the lower Court, holding that the evidence submitted established prima facie that (1) plaintiff was injured by a falling object and (2) that falling object should have been secured by a safety device contemplated by Labor Law \u00a7 240(1).\u00a0 Without stating which device specifically, it cited to First Department precedent that held \u201c[r]ather than using plaintiff [and his coworker] as the securing device contemplated by the statute, he should have been provided with one instead.\u201d<\/p>\n The Carranza <\/em>decision can be found here.<\/a><\/p>\n For additional information, contact Philip D. Priore, Esq. and\/or Michael J. Shields, Esq.<\/p>\n This article was prepared by McCormick & Priore, P.C. to provide information on recent legal developments of interest to our readers.\u00a0 This publication is in no way intended to provide legal advice or to create an attorney-client relationship.\u00a0 All Rights Reserved. This article may not be reprinted without the express written permission of McCormick & Priore, P.C.<\/p>\n