In a lawsuit filed with the New York County Supreme Court, AB alleged that Hudson River Park Trust and other defendants were liable for his injuries due to purported violations of the state's Labor Law [§ 240(1)].
After the judge ruled in AB's favor -- finding that he had fallen from a ladder while insulating ductwork in a ceiling, and hadn't been provided with adequate safety equipment -- the defendants appealed.
On its review of the claim, the Appellate Division, First Department, noted that the defendants failed to present a triable issue of fact. It agreed that there had been a failure to provide appropriate protective devices, and that liability existed regardless of the exact circumstances leading to the accident. In fact, any alleged misuse of the ladder by AB was mere comparative negligence which didn't absolve the defendants of responsibility.
Given that eyewitness testimony corroborated AB's account, the AD1 ultimately upheld the underlying ruling, and affirmed his entitlement to summary judgment.
Look who's at the bottom of that ladder!
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DECISION