Falling From a Scaffold in New York Can Be a Triable Issue of Fact Under Labor Law § 240

Arizaga v. Lex Gardens II TP4 Hous. Dev. Fund Co., Inc., 78 Misc. 3d 1216(A), 185 N.Y.S.3d 646 (N.Y. Sup. Ct. 2023) – The plaintiff, a carpenter, was performing work on a scaffold when the planks of the scaffold lifted up, causing him to lose his balance and fall off of the scaffold. The plaintiff moved for summary judgment against the owner and the general contractor, claiming a New York Labor Law § 240 violation. He argued that the planks of the scaffold were inadequately secured, which caused…
By: Marshall Dennehey