Practice point: Once it is determined that the owner or contractor failed to provide the necessary safety devices required to give a worker proper protection, absolute liability is inescapable under § 240(1). In opposition to the motion for summary judgment, defendants must produce evidentiary proof in admissible form sufficient to establish the existence of a material issue of fact.
Case: Erkan v. McDonald's Corp., NY Slip Op 00099 (1st Dep't January 10, 2017)
Here is the decision.
Tomorrow's issue: Summary judgment on a Labor Law 240(1) claim.