Practice point: The plaintiff established prima facie entitlement to judgment as
a matter of law as to liability on the Labor Law § 240 cause
of action by establishing that he was injured when he fell from an
unsecured ladder that collapsed while he was performing roofing work on
the subject construction project. The court found the defendants' contention that summary judgment should have
been denied because the plaintiff was the sole witness to his accident unpersuasive, as the plaintiff identified three other witnesses in
his response to the defendants' combined discovery demands. In any
event, even if the plaintiff had been the sole witness to the accident,
summary judgment would not be precluded.
Student note: The plaintiff satisfied his burden of
establishing that he was hired by a contractor and was suffered or
permitted to work on the premises, such that he was entitled to the
protections of the Labor Law, pursuant to Labor Law § 2[5], [7].
Case: Diaz v. 5-01-5-17 48th Ave., LLC, NY Slip Op 07445 (2d Dept. 2013).
Here is the decision.
Monday's issue: "Walk" and "Don't Walk."
