The Second Department held that a homeowner waiver lacked unmistakable negligence language and could not override the Scaffold Law’s nondelegable safety duty.
The Second Department held that the Scaffold Law’s homeowner exemption covered ladder work on a barn that functioned as an extension of a residence and served a substantially residential purpose.
Second Department affirms denial of property owners’ motion to dismiss Labor Law § 240(1) and § 241(6) claims arising from worker’s elevation-related injury during renovation — Scaffold Law claims survive CPLR 3211 and must be addressed through discovery.
The First Department affirms summary judgment for a stone mechanic struck by a 350-pound falling panel, holding that all four defendants — including a post-merger associate, a lobby condominium, and a building manager who contracted for the work — qualify as owners or statutory agents under Labor Law § 240(1).
The First Department upholds Labor Law § 241(6) liability for rainwater and oil on a construction floor, while affirming dismissal of § 240(1) where the concrete form being lifted never fell or moved uncontrollably. Post-Bazdaric, defendants must show the hazardous substance was inherent to the specific task.
Second Department reverses § 240(1) summary judgment where worker struck by unknown object from upper scaffold: plaintiff must identify the object and show it was being hoisted or required securing.
Second Department affirms Labor Law § 240(1) liability where worker was directed to climb a seven-foot stack of doors without a ladder, and upholds CPLR 3126 preclusion of an undisclosed defense witness.