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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
CourtAppellate Division, First Department
DecidedOctober 13, 2026
Citation2026 NY Slip Op 05912
Area of lawLabor Law and Construction Accidents
WeekWeek ending October 17, 2026
Official textOfficial decision: 2026 NY Slip Op 05912
Publication statusSlip opinions are uncorrected and subject to revision before publication in the Official Reports.
Source feedNew York slip opinion page
Law Watch record id1148

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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Published October 13, 2026. Updated October 13, 2026.