Practice point: For summary judgment in a § 240(1) action, a plaintiff must establish that there was a violation of the statute, and that the violation was the proximate cause of the injuries.
Practitioners should note that there is no liability if adequate safety devices are provided and the worker either chooses not to use them or misuses them.
Case: Cherry v. Time Warner, Inc., NY Slip Op 06226 (1st Dept. 2009)
The opinion is here.
Tomorrow’s issue: Municipalities Law.
