Magpantay v New York City Sch. Constr. Auth.

Holding The court granted summary judgment on the Labor Law § 240(1) claim, finding that the failure to secure a falling object was a proximate cause of the injury. However, it affirmed the denial of summary judgment on the Labor Law § 241(6) and § 200 claims due to triable issues of fact regarding the area’s exposure to falling objects and the defendants’ supervisory control.

The court’s words

Labor Law § 240(1) imposes a nondelegable duty and absolute liability upon owners and general contractors

2026 NY Slip Op 06292, at the official text

the plaintiffs established, prima facie, the existence of a hazard contemplated under Labor Law § 240(1)

2026 NY Slip Op 06292, at the official text

the injured plaintiff's testimony that certain objects had fallen in the same area in which the injured plaintiff was injured approximately one hour before the accident was inadequate

2026 NY Slip Op 06292, at the official text

the plaintiffs' submissions failed to establish, prima facie, that the defendants exercised sufficient supervisory control over the injured plaintiff's work

2026 NY Slip Op 06292, at the official text