Practice point: The purpose of § 240(1) is to protect workers not from routine risks but from the specific risks resulting from elevation differentials at the worksite.
Students should note that the statute covers necessary and incidental activities, even if the injury is sustained away from the site of the construction work.
Case: D'Alto v. 22-24 129th St., LLC, NY Slip Op 06291 (2d Dept. 2010)
Here is the opinion.
Tomorrow's issue: Trial practice.
