Wednesday, January 29, 2014

Second Department Finds Triable Issues Under Labor Law § 240(1) Where Plaintiff Fell From a Ladder

In Singh v.City of New York, the Second Department found that the mere fact that the injured plaintiff fell from a ladder did not, in and of itself, establish that proper protection was not provided.  Instead, triable issues of fact remained as to whether the ladder was inadequately secured and whether the injured plaintiff's actions were the sole proximate cause of the accident.

Courts Continue to Apply Labor Law "Cleaning" Factors Test

In Collymore v. 1895 WWA, LLC, the Second Department found that the defendant had failed to establish its prima facie entitlement to summary judgment and dismissal of the plaintiff's Labor Law 240(1) claim. The plaintiff was vacuuming an HVAC duct in his employment with Cunningham Duct Cleaning Company when he fell from a ladder. The defendant argued that the plaintiff was not engaged in "cleaning" within the meaning of the Labor Law. Applying the factors enunciated by the Court of Appeals in Soto v. J. Crew, the Second Department found that the defendant had failed to establish that the task was "routine, in the sense that it [was] the type of job that occurs on a daily, weekly or other relatively-frequent and recurring basis as part of the ordinary maintenance and care of commercial premises."

Friday, January 17, 2014

Governor Cuomo Appoints Four Appellate Judges

New York Governor Andrew Cuomo has appointed four justices to fill vacancies at the Appellate Division.  Justice Barbara R. Kapnick has been appointed to the First Department.  Justices Colleen Duffy, Hector D. LaSalle, and Joseph J. Maltese have been appointed to the Second Department.

These appointments take effect immediately.  With these appointments, two vacancies remain on the Second Department bench and two remain on the First Department bench.