Practice point: Liability under
§ 240(1) depends upon whether the injury resulted from the failure to use, or the inadequacy of, a device within the purview of the statute. So, there can be no liability under § 240(1) when there is no violation and the worker's actions are the sole proximate cause of the accident.
Case: Albino v. 221-223 W. 82 Owners Corp., NY Slip Op 05953 (1st Dep't September 8, 2016)
Here is the decision.
Monday's issue: Judicial estoppel in a matrimonial action.
