Letersky v Militello Farms, Inc.

Holding The court held that Labor Law § 240(1) applies to a worker’s fall into an excavated hole created for the work being performed, rejecting the argument that such accidents are categorically excluded. Additionally, the court found that mud inherent to the work site does not constitute a ‘foreign substance’ under 12 NYCRR 23-1.7(d), but triable issues of fact remained regarding the applicability of 12 NYCRR 23-1.7(b).

The court’s words

the single decisive question is whether plaintiff's injuries were the direct consequence of a failure to provide adequate protection against a risk arising from a physically significant elevation differential

2026 NY Slip Op 04647, at the official text

the accident here involved the type of elevation-related risk for which Labor Law § 240 (1) provides protection

2026 NY Slip Op 04647, at the official text

the mud plaintiff allegedly slipped on did not constitute a foreign substance as contemplated by the regulation

2026 NY Slip Op 04647, at the official text

a defendant landowner has the initial burden of establishing its entitlement to judgment as a matter of law by demonstrating that it did not create or have actual or constructive notice of [the] dangerous condition

2026 NY Slip Op 04647, at the official text