In a decision dated March 23, 2022, the Appellate Division, Second Department affirmed the Supreme Court’s denial of plaintiff’s motion to set aside the jury verdict on the issue of liability on his Labor Law §240(1) cause of action and for judgment as a matter of law in his favor on that cause of action. The plaintiff, employed as a job-site superintendent by the general contractor on a construction project, was allegedly injured when a temporary barricade fell over on top of him. The plaintiff alleged a violation of Labor Law §240(1) against, among others, our clients, FC Yonkers Associates, LLC and Express, LLC, the property owner and commercial tenant, respectively.  Following a jury trial, the jury found in favor of the defendants, concluding that plaintiff’s actions were the sole proximate cause of his accident. There was evidence that  shortly after the accident, the plaintiff reportedly told his employer that he removed the supports for the barricade causing it to fall over. In light of the evidence presented at trial, the Second Department affirmed the jury verdict holding that “there was a valid line of reasoning and permissible inferences which could have led a rational jury to conclude that it was [plaintiff’s] own conduct in removing the bracing… rather than any violation of Labor Law §240(1), that was the sole proximate cause of his alleged injuries.  

Scott Petersen et al. v. Forest City Ratner Companies, LLC et al., 203 A.D.3d 1093, 162 N.Y.S.3d 785 (2d Dep’t 2022)