Practice point: To recover under § 240(1), a plaintiff must demonstrate that a statutory violation proximately caused the injury.
Students should note that the statute protects against a gravity-related hazard that requires a safety device.
Case: Sinkaus v. Regional Scaffolding & Hoisting Co., Inc., NY Slip Op 01885 (1st Dept. 2010)
The opinion is here.
Tomorrow's issue: Motion practice.
