Practice point: To establish liability based on a falling object, pursuant to § 240(1), a plaintiff must show that, when the object fell, it was being hoisted or secured, or that it required securing for purposes of the work.
Practitioners should note that the statute generally does not apply to objects that are part of a building's permanent structure.
Case: Marin v. AP-Amsterdam 1661 Park LLC, NY Slip Op 01959 (2d Dept. 2009)
The opinion is here.
Tomorrow’s issue: Administrative Law.
