Tomasz Grygo v. 1116 Kings Highway Realty, LLC

2012 N.Y. App. Div. LEXIS 5050 (June 27, 2012)

The plaintiff, a painter, was injured when a cart holding sheetrock toppled and fell over, causing the sheetrock to strike and injure the plaintiff. The cart was located in a large open space. The court dismissed the §240(1) claim because the injuries resulted from a general hazard encountered at a construction site and were not the direct consequence of a failure to provide adequate safety devices enumerated in §240(1). The court dismissed the §241(6) claim because the accident did not occur in a “passageway, walkway, stairway or other thoroughfare.” (12 NYCRR 23-2.1(a)(1)).

Practice Note: The devices listed in §240(1) are intended to protect against a risk from a physically significant elevation differential.

Topics: Failure to Provide Protection, Routine Workplace Risk, Significant Elevation Differential