Lightning struck twice recently in the First Department when the Court was given two relatively easy Labor Law questions to decide.
In Solano v. City of New York, the Court held that a plywood plank that was deliberately dropped from a window does not constitute a "falling object" within the meaning of Labor Law 240(1).
In Rajkumar v. Budd Contracting Corporation, the Court held that plaintiff's interior decorating work was not construction, demolition or excavation work within the meaning of Labor Law 241(6). Although this issue was raised for the first time on appeal, the Court exercised its discretion to reach the unpreserved issue as it could have been decided as a matter of law below.
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