Labor Law § 240(1).

Practice point:  Labor Law § 240(1) imposes a nondelegable duty upon owners, contractors, or their agents to provide proper protection to a worker performing certain types of construction work. To prevail on the cause of action, a plaintiff must establish that the statute was violated and that the violation was a proximate cause of his or her injuries.

Student note: A fall from a scaffold or ladder, in and of itself, does not establish that proper protection was not provided, and the issue of whether a particular safety device provided proper protection is generally a question of fact for the jury.

Case:  Esteves-Rivas v. W2001Z/15CPW Realty, LLC, NY Slip Op 01800 (2d Dept. 2013).

Here is the decision.

Tomorrow's issue: Split in the Departments on leave to amend.