SUMMARY JUDGMENT DENIED TO PLAINTIFF UNDER SECTION 240(1) OF THE LABOR LAW, DESPITE FALL FROM A LADDER (Paiba v. 56-11 94th Street)

Thomas Maher successfully defeated a summary judgment application under Section 240(1) of the Labor Law in an action where the injured plaintiff fell from a ladder while fixing a hole in the ceiling of our client’s building. While plaintiff testified to the ladder “moving”, Summary judgment was denied as the Court found that plaintiff’s testimony that the ladder moved due to the force he was applying to the sandpaper on the ceiling, raised a question of fact as to whether plaintiff’s own actions were the sole proximate cause of the accident. The court also found it significant that the plaintiff admitted that the ladder did not break and maintained its “A-frame” form even after he fell. The court also found that the affidavit submitted by plaintiff’s liability expert was both speculative and conclusory.

Should you have any questions on this successful result, please contact Mr. Maher directly