In order to invoke the statute, an appropriate safety device must be lacking or defective, thereby exposing workers to elevation-related risks, and it must have proximately caused the plaintiff's injuries. Here, plaintiff testified that he fell while, on his own volition, trying to climb the frame of a non-defective scaffold, which does not establish Labor Law § 240 liability.
Biaca-Neto v. Boston Rd. II Hous. Dev. Fund Corp., NY Slip Op 06142 (1st Dep't August 13, 2019)
Here is the decision.
