Court Dismisses Plaintiff’s Labor Law §240(1) Claims as to All Defendants in Trip and Fall Accident on a Permanent Staircase at a Construction Site

In a decision dated October 14, 2022, the Hon. Ingrid Joseph of Kings County Supreme Court granted the motion and cross-motion brought by defendants, Update Systems Electrical Contracting Corp. and Liberty Elevator Corporation a/k/a Liberty Elevator of NY, respectively, which sought dismissal of plaintiff’s cause of action pursuant to Labor Law §240(1) as a matter of law because he tripped and fell on a permanent staircase. Our clients, Archstone Builders LLC and Deco Towers Associates, LLC, submitted an affirmation in support of the motions and sought dismissal of the plaintiff’s §240(1) claim as to all defendants. In reaching its decision, the Court held that “[t]he allegations in the complaint assert[ed] a normal usual and ordinary danger[] of construction outside the scope of the protections provided by Labor Law 240.” Additionally, “a permanent staircase is not a safety device defined by Labor Law 240.” In light of the foregoing, the Court dismissed plaintiff’s cause of action pursuant to Labor Law §240(1) as to all defendants as a matter of law.

Dario Xavier Rojas Rivera v. Archstone Builders LLC et al., Index No. 533141/2021 (Sup. Ct. Kings Co., Oct. 14, 2022)

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This post was written by Sander Rothchild