Oliveira v 5462th Realty LLC

Holding The court affirmed the grant of summary judgment on liability for the plaintiff’s Labor Law § 240(1) claim, finding that the plaintiff was struck by a falling beam and that the defendants failed to provide appropriate safety devices. The court determined that the defendants failed to raise a triable issue of fact regarding the cause of the accident or the adequacy of safety measures.

The court’s words

Plaintiff established prima facie entitlement to summary judgment on liability on his Labor Law § 240(1) claim by submitting deposition testimony showing that he was struck by a falling object

2026 NY Slip Op 06254, at the official text

Defendants point to no credible evidence suggesting that there are differing versions of the accident, one under which defendants would be liable and another under which they would not

2026 NY Slip Op 06254, at the official text

the absence of an expert affidavit identifying a missing or inadequate safety device is not fatal to plaintiff's motion, as the facts of the accident demonstrate that an elevation-related safety device failed

2026 NY Slip Op 06254, at the official text