Rudzikewycz v 164 West 79th Street Corp.
Attorneys and Parties
Brief Summary
Construction accident litigation involving a worker who fell from an A-frame ladder while performing duct installation work and sought protection under Labor Law § 240(1) [New York's scaffold law requiring proper safety devices for elevation-related construction risks].
The trial court denied plaintiff's motion for summary judgment on liability under Labor Law § 240(1) against the building owner and property manager, and also denied Roth Built Works Inc.'s motion to dismiss that claim against it.
The Appellate Division modified the order to grant plaintiff summary judgment on liability under Labor Law § 240(1) against 164 West 79th Street Corp. and Orsid Realty Corp., while otherwise affirming the order.
Plaintiff established that the ladder shifted and fell for no apparent reason, showing that the safety device provided was inadequate. Testimony that the ladder feet may have rested on garbage bags raised, at most, comparative negligence, which is not a defense under Labor Law § 240(1). Defendants also failed to show that plaintiff refused to use an available alternative safety device after being specifically instructed to do so.
Background
Plaintiff, a carpenter employed by Roth Built Works Inc., alleged that on November 29, 2016, he was installing ductwork when he fell from an A-frame ladder that shifted and collapsed. He testified that he checked the floor and found it free of debris before setting up the ladder, and that no alternative safety device, such as a Baker scaffold, was available. A witness for 164 West 79th Street Corp. testified that, before the fall, two of the ladder's feet appeared to be resting on garbage bags.
Lower Court Decision
Supreme Court, New York County, denied plaintiff's motion for summary judgment on liability under Labor Law § 240(1) against 164 West 79th Street Corp. and Orsid Realty Corp. It also denied Roth Built Works Inc.'s motion for summary judgment dismissing plaintiff's Labor Law § 240(1) claim against it.
Appellate Division Reversal
The Appellate Division held that plaintiff was entitled to summary judgment on liability under Labor Law § 240(1) against 164 West 79th Street Corp. and Orsid Realty Corp. because his testimony that the ladder shifted and fell for no apparent reason established a prima facie violation. The court found that the ladder was unsecured and therefore inadequate as a safety device. It further ruled that the garbage-bag testimony did not create a triable issue because it suggested only comparative negligence, which does not defeat a Labor Law § 240(1) claim. The court otherwise affirmed, including the denial of Roth Built Works Inc.'s dismissal motion.
Legal Significance
The decision reinforces that when a worker falls after an unsecured ladder shifts and collapses, that evidence alone can establish liability under Labor Law § 240(1). It also confirms that allegations of worker carelessness in ladder placement generally amount only to comparative negligence, not a defense, and that a defendant asserting the worker should have used another device must show the device was actually available and that the worker was specifically directed to use it but refused.
In New York ladder-fall cases under Labor Law § 240(1), an unsecured ladder that shifts and falls will often result in summary judgment for the injured worker unless defendants can prove a sole proximate cause defense based on an available, specifically directed alternative safety device that the worker unreasonably refused to use.