Practice point: There is no § 240(1) liability when safety devices were readily available at the work site and plaintiff knew he was expected to use them but, without good reason, did not.
Student note: There may be § 240(2) liability when a worker is injured due to an elevation-related hazard.
Case: Pietrowski v. Are-East Riv. Science Park , LLC , NY Slip Op 05977 (1st Dept. 2011 ).