Practice point: For the purposes of § 240(1) liability, a fire escape could be the functional equivalent of a scaffold.
Practitioners should note that the fact that the fire escape is a permanent structure is not determinative.
Case: Gomez v. City of New York, NY Slip Op 04759 (1st Dept. 2009)
The opinion is here.
Tomorrow’s issue: Legal malpractice.
There is another instructive case here.
