Appellate Division, First Department · October 13, 2026 · 2026 NY Slip Op 05912
Mitchell v Pullman SST, Inc.
Read the official decision: 2026 NY Slip Op 05912
Holding The court affirmed the grant of partial summary judgment on a Labor Law § 240(1) claim, finding that the plaintiff’s injury resulted from efforts to prevent a heavy beam from falling, which constitutes a covered gravity-related risk. The court also rejected the defendants’ sole proximate cause defense, determining that the plaintiff’s instruction to stop lifting was consistent with established company practice.
The court’s words
his injury was caused by his effort to prevent the beam from falling
2026 NY Slip Op 05912, at the official text
plaintiff's work did not merely involve an ordinary danger of working on a construction site
2026 NY Slip Op 05912, at the official text
the evidence does not establish that plaintiff went against company practice by instructing Nelson to stop lifting
2026 NY Slip Op 05912, at the official text
| Court | Appellate Division, First Department |
|---|---|
| Decided | October 13, 2026 |
| Citation | 2026 NY Slip Op 05912 |
| Area of law | Labor Law and Construction Accidents |
| Week | Week ending October 17, 2026 |
| Official text | Official decision: 2026 NY Slip Op 05912 |
| 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 | 1148 |
Recommended citation
ESQ HQ, New York Law Watch, Mitchell v Pullman SST, Inc., 2026 NY Slip Op 05912 (Appellate Division, First Department, October 13, 2026), https://esqhq.com/decisions/2026-ny-slip-op-05912/
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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