Quishpi v. 80 WEA Owner LLC (2017)
The plaintiff in this case cut a beam that was partially resting on the floor. When the beam was cut a portion of it snapped upwards and struck plaintiff in the face. Plaintiff claimed that he was exposed to a gravity related hazard and was entitled to summary judgment on his Labor Law § 240(1) claim which, if successful, would have resulted in absolute liability being imposed on our clients. On appeal, the Appellate Division, First Department accepted our argument that an object moving upward is not the type of hazard governed by Labor Law § 240(1). As such, the court dismissed plaintiff’s Labor Law § 240(1) cause of action. The court also accepted our argument that the Industrial Code sections that plaintiff relied upon were not applicable to the facts of this case and went on to hold that the trial court incorrectly refused to grant defendant’s summary judgment with regard to Labor Law § 241(6).