In Palaguibay vs. 605 West 48th Street LLC(6127/09, March 9th, 2011),the Court granted plaintiff's motion for summary judgment pursuant to Section 240 of the Labor Law. In Palaguibay , the plaintiff fell from a catwalk above an elevator car while on a job to cut a hole in the floor of a motor room of a commercial (mixed use industrial ) building.
Plaintiff fell from the beam onto the elevator ceiling , dropping some 15 feet to the elevator floor suffering injury.
The Court granted plaintiff's motion based on defendants' failure to provide a harness or safety belt to plaintiff. Chalk one up for the "good guys"!
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