Practice point: § 240(1) applies when the falling of an object is related to a significant risk resulting from the elevation at which materials must be positioned or secured.
Students should note that the fact that plaintiff was working at an elevation when the object fell is not relevant in a falling object case.
Case: Garzon v. MTA, NY Slip Op 01540(1st Dept. 2010)
The opinion is here.
Tomorrow's issue: Contracts.
