Appellate Division, Second Department · October 21, 2026 · 2026 NY Slip Op 06098
Evaristo v GH 441 1st Fee, LLC
Read the official decision: 2026 NY Slip Op 06098
Holding The Appellate Division reversed the lower court’s denial of summary judgment, finding that the plaintiff demonstrated a prima facie entitlement to judgment on the Labor Law § 240(1) claim. The court held that the defendants failed to raise a triable issue of fact regarding statutory violation or the plaintiff’s sole proximate cause of injury.
The court’s words
Labor Law § 240(1) imposes a nondelegable duty upon owners and general contractors
2026 NY Slip Op 06098, at the official text
the ladder suddenly collapsed, and that the sudden collapse of the defective ladder was a proximate cause of his injuries
2026 NY Slip Op 06098, at the official text
the plaintiff's own acts cannot be the sole proximate cause of his injuries
2026 NY Slip Op 06098, at the official text
| Court | Appellate Division, Second Department |
|---|---|
| Decided | October 21, 2026 |
| Citation | 2026 NY Slip Op 06098 |
| Area of law | Labor Law and Construction Accidents |
| Week | Week ending October 24, 2026 |
| Official text | Official decision: 2026 NY Slip Op 06098 |
| 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 | 1363 |
Recommended citation
ESQ HQ, New York Law Watch, Evaristo v GH 441 1st Fee, LLC, 2026 NY Slip Op 06098 (Appellate Division, Second Department, October 21, 2026), https://esqhq.com/decisions/2026-ny-slip-op-06098/
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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