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New York Personal Injury Law Case Under Violations Of Labor Law
Hueber-Breuer Construction Co., Inc. Third-Party Plaintiff, v. Burns Bros. Contractors, Inc. Third-Party Respondent.
Plaintiff sued the owner of the medical complex and the general contractor, alleging violations of Labor Law §§ 240(1), 200(1) and 241(6). The owner cross-claimed against the contractor for indemnity; and the contractor brought a third-party action against Burns Brothers for indemnity and/or contribution.
Plaintiff moved for partial summary judgment on liability under Labor Law § 240(1), arguing that because his foreman did not deliver an eight-foot ladder to him, he "was forced to complete his work with an unsafe six[-]foot ladder." Plaintiff does not suggest that the six-foot ladder was defective, only that it was not tall enough for the particular task that he was carrying out when he was injured. Defendants opposed plaintiff's motion and cross-moved for summary judgment on all the Labor Law causes of action. As relevant here, Burns Brothers moved to dismiss the cause of action under Labor Law § 240(1) exclusively on the ground that plaintiff's own actions were the sole proximate cause of his accident. Specifically, "[p]laintiff knew he needed a taller ladder" and "there were taller ladders on the job site," but he "failed . . . to wait for one to be provided and failed to take any steps to secure a taller ladder other than allegedly to ask for one shortly before the accident" and instead, "stood on the top of the six[-]foot ladder."
Supreme Court granted plaintiff partial summary judgment on liability under Labor Law § 240(1), and dismissed his causes of action under Labor Law §§ 200 and 241(6). The Appellate Division subsequently reversed Supreme Court and dismissed the complaint in its entirety, with two Justices dissenting [FN1].
We now affirm.
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