Danny Rivera v. Site 2 DSA Owner, LLC, et al.
Attorneys and Parties
Brief Summary
Construction site safety under New York Labor Law § 240(1) (Scaffold Law) [requires owners and contractors to provide safety devices to protect workers from elevation-related hazards] for a falling-object injury during loading.
Denied plaintiff’s partial summary judgment on Labor Law § 240(1) and granted defendants’ summary judgment dismissing the complaint.
The dismissal of the Labor Law § 240(1) claim and the denial of plaintiff’s summary judgment on that claim were reversed; the § 240(1) claim was reinstated and summary judgment on liability awarded to plaintiff against Site 2 DSA Owner, LLC, Delancey Street Associates, LLC, and T.G. Nickel & Associates, LLC.
The heavy gang box being lifted began to fall from several feet, posing a gravity-related risk, and adequate safety devices were not provided; precedent confirms § 240(1) applies to falling objects during hoisting/loading. Ownership by Delancey Street Associates, LLC was admitted by omission in its answer; other entities’ ownership status was unclear.
Background
Plaintiff and coworkers were lifting a large, 400–600 pound gang box (about 4 feet high, 5 feet long, 3 feet wide) three to four feet off the ground to load it into a truck. The box began to fall, and plaintiff raised his leg to stop its descent, resulting in injury.
Lower Court Decision
The Supreme Court, New York County, denied plaintiff’s motion for partial summary judgment on Labor Law § 240(1) and granted defendants’ motion for summary judgment dismissing the complaint, including dismissal of the Labor Law § 200 claim against T.G. Nickel & Associates, LLC.
Appellate Division Reversal
Modified to deny defendants summary judgment on the Labor Law § 240(1) claim, reinstated that claim, and awarded plaintiff summary judgment on liability under § 240(1) against Site 2 DSA Owner, LLC, Delancey Street Associates, LLC, and T.G. Nickel & Associates, LLC. The court noted Delancey Street Associates, LLC’s ownership was admitted by omission in its answer; other defendants’ ownership status remains unclear. All other aspects, including dismissal of the Labor Law § 200 claim against T.G. Nickel & Associates, LLC, were affirmed.
Legal Significance
Reaffirms that New York Labor Law § 240(1) [requires owners and contractors to provide safety devices to protect workers from elevation-related hazards] applies to falling-object accidents during hoisting/loading where the object’s fall is a gravity-related risk, entitling workers to summary judgment when safety devices are lacking. Also underscores that ownership can be admitted by omission in pleadings, affecting Labor Law liability.
A worker injured by a heavy object that falls while being hoisted is entitled to summary judgment under Labor Law § 240(1) when proper safety devices are not provided; pleadings can conclusively establish ownership for Labor Law purposes.