A fall through an unguarded opening in the floor of a construction site invokes Labor Law § 240(1) if an adequate safety device was not provided. A safety line and harness may be adequate for a person working over an open area or near an elevated edge. However, summary judgment is precluded where, as here, the record shows that plaintiff was wearing a harness and lanyard bu there are triable issues as to whether there were static lines for him to safely tie off.
Maman v. Marx Realty & Improvement Co., Inc., NY Slip Op 03614 (1st Dep't May 17, 2018)
Here is the decision.
