First Department affirms Labor Law § 240(1) summary judgment and rejects a Workers’ Compensation exclusivity defense, holding that shared insurance and the same building location do not prove alter ego status between a property owner, manager, and general contractor.
First Department affirms Labor Law § 240(1) summary judgment for a plumber injured when an extension ladder slid, holding that trips to retrieve materials for ongoing work constitute protected ancillary activity under the Scaffold Law.
First Department reinstates a Labor Law § 241(6) claim for a worker who tripped on a floor inlay in a corridor after finding genuine fact issues on whether the space was a ‘passageway’ under the Industrial Code, and holds the integral-to-work doctrine inapplicable absent evidence of active work on the hazard.
First Department affirms Labor Law § 240(1) summary judgment for a sheetrock worker who fell from an unsecured ladder, and holds that a Spanish-language affidavit lacking a translator certification was inadmissible under CPLR 2101(b), taking down all documents it purported to authenticate.