Plaintiff was injured in a fall while painting a bathroom at the defendant hotel. He fell from an A-frame ladder given to him by someone at the hotel. He complained to the staff that the ladder was old, shaky and lacked plastic to keep it stable.
Plaintiff moved for summary judgment pursuant to Section 240(1) of the Labor Law and Justice Markey granted him partial summary judgment on liability, noting the absence of "safety devices". This is exactly the type of accident the enactment of the Labor Law was meant to cover.
Always good to see when a Judge gets it right. (See Segalla and Goldberg Labor Law Update).
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