May 6, 2009

Labor Law.

Practice point: In a § 240(1) claim, there is summary judgment on liability because the unsecured A-frame ladder was inadequate to prevent plaintiff from falling after receiving an electric shock.

Practitioners should note that the fact that plaintiff had no recollection of falling does not change the result.

Case: Vukovich v. 1345 Fee, LLC, NY Slip Op 03026 (1st Dept. 2009)

The opinion is here.

Tomorrow’s issue: Notice of Claim.