Hernandez v Board of Mgrs. of the NOMA Condominium

Holding The court affirmed summary judgment on liability for Labor Law § 240(1) violations, finding the defendants failed to provide adequate safety devices for elevated work. The court also affirmed the denial of summary judgment on Labor Law § 241(6) and third-party claims, as triable issues of fact remained regarding statutory violations and contractual compliance.

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 05942, at the official text

the plaintiff demonstrated, prima facie, that the defendants violated Labor Law § 240(1) by failing to provide the plaintiff with adequate safety devices

2026 NY Slip Op 05942, at the official text

Triable issues of fact exist as to whether there was a violation of 12 NYCRR 23-2.1(a)(2) and whether such a violation was a proximate cause of the accident

2026 NY Slip Op 05942, at the official text

the defendants failed to establish, prima facie, that GMJ did not procure insurance in compliance with the terms of the subcontract

2026 NY Slip Op 05942, at the official text

they failed to demonstrate that GMJ exclusively supervised and controlled the plaintiff's work site

2026 NY Slip Op 05942, at the official text