In Swiderska v. New York University , Eugenia Swiderska sued New York University pursuant to Labor Law section 240(1) for injuries she sustained while cleaning some large dorm windows.
Before undertaking the task, Eugenia supposedly asked for a ladder but was told to use the existing furniture. While standing on a bed, Eugenia fell and suffered "multiple fractures and other injuries."
When the New York County Supreme Court dismissed her case -- finding Eugenia was engaged in "routine maintenance" and thus not covered by the law -- she appealed to the Appellate Division, First Department, which affirmed.
When the case reached our state's highest court, the New York State Court of Appeals concluded that Eugenia was entitled to relief in her favor, particularly since she had been subjected to an "elevation-related risk" when directed to climb upon furniture to perform her job and wrongfully denied "a ladder, scaffold or other safety device."
Looks like Eugenia will be the one cleaning up here!
To download a copy of the Court of Appeals' decision, please use this link: Swiderska v. New York University