The First Department upheld Labor Law §241(6) and §200 liability arising from a Bronx building floor collapse caused by stored-material overloading, and modified the order to award full contractual indemnification against the general contractor.
The First Department affirmed denial of § 240(1) summary judgment where a 350-pound duct fell on a construction worker, because medical records recorded by a treating physician described the injury as occurring during manual lifting—raising a triable issue on whether an elevation-related hazard was involved.
The First Department affirmed Labor Law § 240(1) summary judgment where a worker was forced to use an A-frame ladder leaning against a wall for ceiling work, while reversing indemnification claims against a plumbing subcontractor whose prior work had no causal connection to the accident.
The First Department reversed a Bronx jury verdict and ordered a new trial because the plaintiff failed to call her treating orthopedic surgeon while allowing a later-treating physiatrist to read the surgeon’s causation letter into evidence—creating reversible missing witness error.