The Appellate Division determined that the motion court correctly dismissed the § 241(6)
claim. Plaintiff fell when a chain caught his foot, and not because of a
slippery condition or foreign substance. Therefore, Industrial Code § 23-1.7(d) is not implicated. In addition, plaintiff fell from a tractor trailer, and not in a
passageway, and so § 23-1.7(e)(1) does not apply. Finally, the metal bars welded to the
trailer's body for use as a ladder or stairway are
not a single ladder within the meaning of § 23-1.21(c).
The Appellate Division found that the motion court should not have granted, sue sponte, summary judgment to plaintiff on the § 240(1) claim. While plaintiff was injured while engaged in an enumerated
activity, there are questions of fact as to whether plaintiff was the sole proximate cause of the accident.
Case: Cross v. Noble Ellenburg Windpark, LLC, NY Slip Op 00092 (1st Dep't January 9, 2018)
Here is the decision.
