Szczesiak v ERY Tenant LLC

Holding The court granted summary judgment to the plaintiff under Labor Law § 240(1) because the defective ladder failed to provide proper protection against gravity-related risks. The electric shock was not the proximate cause of the fall, as the ladder moved and wobbled independently of the shock’s force.

The court’s words

the ladder, which was the only one available for the work plaintiff was required to perform, had two bent and curved crossbeams and worn rubber feet

251 AD3d 131, at the official text

Plaintiff testified that when he removed his hand from the wires that shocked him, the ladder immediately ‘‘moved, wobbled and shifted,’’ establishing that it failed to adequately support and protect him

251 AD3d 131, at the official text

Defendants’ expert’s report was conclusory and speculative, and it failed to raise any issues of fact

251 AD3d 131, at the official text

the proximate cause of the accident was the defective ladder, not the electric shock

251 AD3d 131, at the official text