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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
CourtAppellate Division, Second Department
DecidedOctober 21, 2026
Citation2026 NY Slip Op 06098
Area of lawLabor Law and Construction Accidents
WeekWeek ending October 24, 2026
Official textOfficial decision: 2026 NY Slip Op 06098
Publication statusSlip opinions are uncorrected and subject to revision before publication in the Official Reports.
Source feedNew York slip opinion page
Law Watch record id1363

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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Published October 21, 2026. Updated October 21, 2026.