In a decision dated February 5, 2025, the Hon. Elena Goldberg-Velazquez of Westchester County Supreme Court denied the plaintiff’s motion for summary judgment which sought judgment as a matter of law against our client, Orienta Beach Club, on his causes of action pursuant to Labor Law §§240(1) and 241(6). The plaintiff, an employee of CertaPro Painters, alleged he was injured on May 5, 2023, when the extension ladder he was climbing “slid out” as he was trying to climb to the roof of a cabana to perform work, causing him to fall. In denying the plaintiff’s motion for summary judgment on §240(1), the Court held the defendant’s expert raised a triable issue of fact as to whether the angle the plaintiff placed the ladder against the cabana was the sole proximate cause of his accident. In denying the plaintiff summary judgment on his §241(6) cause of action, the Court held the defendant’s expert raised a triable issue of fact as to whether Industrial Code Rules 23-1.21(b)(4)(ii) and 23-2.1(b)(4)(iv) were violated.

Anthony Pugliese v. Orienta Beach Club, Inc., Index No. 68905/2023 (Sup. Ct. Westchester Co., Feb. 5, 2025)