Tuesday, March 22, 2016

A fall from a ladder and a Labor Law § 240(1) cause of action.

Practice point:  The Appellate Division affirmed that plaintiff made a prima facie showing of entitlement to summary judgment as to liability by submitting his own testimony that the ladder on which he was standing to perform his work wobbled, and that both he and the ladder fell to the ground as he descended it to figure out why it had wobbled.

Student note:  Plaintiff was not required to offer proof that the ladder was defective.

Case:  Ocana v. Quasar Realty Partners L.P., NY Slip Op 01902 (1st Dep't 2016)

Here is the decision.

Tomorrow's issue:  Absolute privilege as to statements made in a judicial proceeding.