Marc A. Nicometi, Appellant-Respondent,v.The Vineyards of Fredonia, LLC, et al., Respondents-Appellants, et al., Defendants.--------------------------------Scott Pfohl, et al., Third-Party Plaintiffs, v. Western New York Plumbing-Ellicott Plumbing and Remodeling Co., Inc., Third-Party Respondent-Appellant.
Holding that defendants were liable under Labor Law § 240 for plaintiffs fall and injury occasioned by an allegedly defective sandblaster where such injuries were the foreseeable result of the failure to provide plaintiff with a safe scaffold or ladder while sandblasted a railway car from a ladder
Finding that Labor Law Section 240 did not apply where injuries sustained by a worker while installing pipe racks in ceiling when he attempted to climb off a ladder and fell due to protruding pipes from a nearby unfinished wall because injuries were a result of the usual and ordinary dangers at a construction site not elevation-related hazard
In Duda v Rouse Constr. Corp. (32 N.Y.2d 405), in which an employee of a subcontractor sought to impose absolute liability upon a general contractor under Labor Law § 240 (1) for injuries suffered when he fell from a scaffold, the Court of Appeals explained the term "directing" for purposes of the statute, as follows: "`Directing' * * * means just that; for one person to be `directed' by another, there must be supervision of the manner and method of the work to be performed.