Soutar v City of New York

Holding The court affirmed the grant of summary judgment to the plaintiff on the Labor Law § 240(1) claim, finding the defendants failed to raise a triable issue regarding the ladder’s security or a recalcitrant worker defense. The court also affirmed the denial of the defendants’ motion to dismiss the Labor Law §§ 200 and 241(6) claims, as the defendants failed to make a prima facie showing that the relevant regulations were inapplicable or that they lacked control over the work site.

The court’s words

liability will be imposed when the evidence shows that the subject ladder was . . . inadequately secured

2026 NY Slip Op 05986, at the official text

the fact that the plaintiff had used the same ladder several times that day without incident was insufficient

2026 NY Slip Op 05986, at the official text

the defendants failed to establish, prima facie, that 12 NYCRR 23-1.21(b)(1) and (3) were inapplicable

2026 NY Slip Op 05986, at the official text