Buitrago v Cascade 553, LLC

Holding The Appellate Division affirmed the denial of the plaintiffs’ motion for summary judgment on the Labor Law § 240(1) claim. The court found that while the plaintiffs established a prima facie case, the defendants raised a triable issue of fact regarding whether the falling plywood required securing.

The court’s words

the defendants raised a triable issue of fact as to whether the plywood was an object that did not require securing

2026 NY Slip Op 06087, at the official text

a plaintiff must establish that the statute was violated and that the violation was a proximate cause of his or her injuries

2026 NY Slip Op 06087, at the official text

the injured plaintiff must demonstrate the existence of a hazard contemplated under Labor Law § 240(1) and the failure to use, or the inadequacy of, a safety device

2026 NY Slip Op 06087, at the official text