Summary
reversing trial court's denial of summary judgment on Labor Law § 241 claim predicted on violations of 12 NYCRR 23-1.13 (b) (3)and (b) where record showed that live circuit in ceiling which hit plaintiff's face while he was working on a ladder was a proximate cause of his injuries
Summary of this case from Buckley v. W. 44th St. Hotel LLCOpinion
2013-03-14
Sandy DelROSARIO, Plaintiff–Appellant, v. UNITED NATIONS FEDERAL CREDIT UNION, et al., Defendants–Respondents. United Nations Federal Credit Union, et al., Third–Party Plaintiff–Respondents, v. Eurotech Construction Corp., Third–Party Defendant–Respondent.
Pollack, Pollack, Isaac & DeCicco, New York (Brian J. Isaac of counsel), for appellant. Jones Hirsch Connors Miller & Bull, P.C., New York (Peter S. Read of counsel), for United Nations Credit Union and Tishman Construction Corporation of New York, respondents.
Pollack, Pollack, Isaac & DeCicco, New York (Brian J. Isaac of counsel), for appellant. Jones Hirsch Connors Miller & Bull, P.C., New York (Peter S. Read of counsel), for United Nations Credit Union and Tishman Construction Corporation of New York, respondents.
Smith Mazure Director Wilkins Young & Yagerman, P.C., New York (Joel M. Simon of counsel), for Petrocelli Electric Co., Inc., respondent.
Newman Myers Kreines Gross Harris, P.C., New York (Olivia M. Gross of counsel), for Eurotech Construction Corporation, respondent.
ANDRIAS, J.P., SWEENY, FREEDMAN, FEINMAN, JJ.
Order, Supreme Court, Bronx County (Robert E. Torres, J.), entered June 20, 2011, which, insofar as appealed from, denied plaintiff's motion for partial summary judgment on the issue of liability on his claims under Labor Law § 240(1) and § 241(6), unanimously reversed, on the law, without costs, and the motion granted.
Plaintiff, a carpenter employed by third-party defendant Eurotech Construction Corporation (Eurotech), was injured during the construction of a new building owned by defendant United Nations Federal Credit Union (UNFCU). Plaintiff was standing on an A-frame ladder when he was struck on the left side of his face by a live, energized and exposed electrical wire. When he pulled away from the wire, the ladder wobbled and moved, causing him to lose his balance, and fall to the ground. Defendant Tishman Construction Corp. was the project's general contractor and defendant Petrocelli Electric Co. was the electrical subcontractor.
Partial summary judgment on the issue of liability on the Labor Law § 240(1) cause of action is warranted under the circumstances. The record establishes that the ladder provided to plaintiff was inadequate to the task of preventing his fall when he came into contact with the exposed wire and was a proximate cause of his injury ( see Vukovich v. 1345 Fee, LLC, 61 A.D.3d 533, 878 N.Y.S.2d 15 [1st Dept. 2009];Quackenbush v. Gar–Ben Assoc., 2 A.D.3d 824, 825, 769 N.Y.S.2d 387 [2d Dept. 2003] ).
Plaintiff is also entitled to judgment as a matter of law on the issue of defendants' liability under Labor Law § 241(6) predicated on violations of 12 NYCRR 23–1.13(b)(3) and (4). These code sections are clear and specific in their commands that before work is started, it is to be ascertained whether the work will bring a worker into contact with an electric power circuit, and, if so, that the worker not be permitted to come into contact with the circuit without it being de-energized ( see12 NYCRR 23–1.13(b)(4); Hernandez v. Ten Ten Co., 31 A.D.3d 333, 819 N.Y.S.2d 42 [1st Dept. 2006];Snowden v. New York City Tr. Auth., 248 A.D.2d 235, 670 N.Y.S.2d 32 [1st Dept. 1998] ). Here, the record shows that the exposed, live circuit in the ceiling hit plaintiff in the face and was a proximate cause of his injury.