Appellate Division, First Department · October 13, 2026 · 2026 NY Slip Op 05905
De Souza v 4720 Third Ave LLC
Read the official decision: 2026 NY Slip Op 05905
Holding The court granted the plaintiff partial summary judgment on his Labor Law § 240(1) claim, finding that he fell from an unsecured ladder and that his alleged negligence did not bar recovery. The court dismissed the plaintiff’s Labor Law § 241(6) claim as academic in light of the summary judgment determination on the § 240(1) claim.
The court’s words
he fell from an unsecured [eight]-foot A-frame ladder that suddenly moved
2026 NY Slip Op 05905, at the official text
it is 'conceptually impossible' for a plaintiff's negligence to be the sole proximate cause
2026 NY Slip Op 05905, at the official text
defendants were not absolved of taking measures to ensure that the plywood that caused the accident was secured
2026 NY Slip Op 05905, at the official text
| Court | Appellate Division, First Department |
|---|---|
| Decided | October 13, 2026 |
| Citation | 2026 NY Slip Op 05905 |
| Area of law | Labor Law and Construction Accidents |
| Week | Week ending October 17, 2026 |
| Official text | Official decision: 2026 NY Slip Op 05905 |
| Publication status | Slip opinions are uncorrected and subject to revision before publication in the Official Reports. |
| Source feed | New York slip opinion page |
| Law Watch record id | 1141 |
Recommended citation
ESQ HQ, New York Law Watch, De Souza v 4720 Third Ave LLC, 2026 NY Slip Op 05905 (Appellate Division, First Department, October 13, 2026), https://esqhq.com/decisions/2026-ny-slip-op-05905/
How this record was made
Holding drafted by Law Watch’s in-house model, graded by three reviewers; every quotation verified word for word against the official text.
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