In a decision dated September 5, 2017, the Court of Appeals reversed the Appellate Division, First Department’s decision and order which had affirmed the lower court’s decision granting plaintiff summary judgment on his cause of action pursuant to Labor Law §240(1). The plaintiff, an employee of non-party, Pinnacle Contracting, claimed that he was injured when he slipped on grease while walking down an inclined plank at the construction site where he was working. In the Supreme Court, Justice Alice Schlesinger granted plaintiff’s motion for summary judgment on his Labor Law §240(1) claim. This decision was affirmed by the First Department. In reversing the lower courts’ decisions, the Court of Appeals determined that there were issues of fact as to the Labor Law §240(1) claim because the plaintiff’s foreman arguably provided conflicting accounts of whether the plaintiff had adequate safety devices available and whether he knew both that they were available and he was expected to use them, whether he chose for no good reason not to do so and whether his accident would have been prevented had he not made that choice.
Valente v. Lend Lease (U.S.) Construction LMB, Inc. et al. 29 N.Y.2d 1104, 82 N.E.3d 448, 60 N.Y.S.3d 107 (2017).