Possible "Theft" of Scaffold Planks Not An Intervening Cause of Plaintiff's Subsequent Fall

In Susko v. 337 Greenwich LLC, the plaintiff fell from a scaffold on which plywood sheeting had been placed over the scaffold planks.  The plaintiff alleged that in one area there were two planks missing beneath the plywood.  The owner argued that the planks were possibly stolen and that he was aware that other subcontractors on the site were moving and removing construction tools and materials.  The First Department found, therefore, that the possible theft of scaffold planks was not "an extraordinary or unanticipated intervening act that constituted a superseding cause for plaintiff's injuries," thus entitling plaintiff to partial summary judgment on liability pursuant to Labor Law 240(1).