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Dasilva v. A.J. Contracting Co.

Appellate Division of the Supreme Court of New York, First Department
Jun 22, 1999
262 A.D.2d 214 (N.Y. App. Div. 1999)

Summary

In Dasilva, the plaintiff fell off an unsecured ladder when a section of pipe he was cutting fell off and hit the ladder.

Summary of this case from Montalvo v. J. Petrocelli Constr., Inc.

Opinion

June 22, 1999.

Appeal from the Supreme Court, New York County (Carol Huff, J.).


It is uncontradicted that plaintiff, while performing demolition work, was injured when the unsecured A-Frame ladder he was standing on was struck by a section of pipe he had cut, causing him to fall. Plaintiff had not been provided with safety devices, nor was anyone holding the ladder. The failure to properly secure a ladder so as to hold it steady and erect during its use constitutes a violation of Labor Law § 240 Lab. (1) ( Kijak v. 330 Madison Ave. Corp., 251 A.D.2d 152). Here, the absence of adequate safety devices was a substantial and, given the nature of the work being performed, foreseeable cause of plaintiff's fall and injury ( see, LaFleur v. Consolidated Edison Co., 221 A.D.2d 250). The striking of the ladder by a pipe cut during the ongoing demolition was not such an extraordinary event as to constitute a superceding cause and, accordingly, it cannot be said that plaintiff's actions in cutting the pipe were the sole proximate cause of his injuries ( see, Wasilewski v. Museum of Modern Art, 260 A.D.2d 271.)

Concur — Nardelli, J. P., Williams, Tom, Wallach and Andrias, JJ.


Summaries of

Dasilva v. A.J. Contracting Co.

Appellate Division of the Supreme Court of New York, First Department
Jun 22, 1999
262 A.D.2d 214 (N.Y. App. Div. 1999)

In Dasilva, the plaintiff fell off an unsecured ladder when a section of pipe he was cutting fell off and hit the ladder.

Summary of this case from Montalvo v. J. Petrocelli Constr., Inc.

In Dasilva v A.J. Contracting Co., (262 AD2d 214 [1st Dept 1999]), DaSilva fell from an unsecured A-frame ladder when it was struck by a section of pipe he had cut (id.).

Summary of this case from Gomes-Sanchez v. Levy

In Dasilva v A.J. Contr. Co. (262 AD2d 214 [1st Dept 1999]), the Court similarly ruled that "[t]he failure to properly secure a ladder so as to hold it steady and erect during its use constitutes a violation of Labor Law § 240(1)."

Summary of this case from Adams v. Boston Properties Limited Partnership
Case details for

Dasilva v. A.J. Contracting Co.

Case Details

Full title:ANTONIO DASILVA et al., Respondents, v. A.J. CONTRACTING CO. et al.…

Court:Appellate Division of the Supreme Court of New York, First Department

Date published: Jun 22, 1999

Citations

262 A.D.2d 214 (N.Y. App. Div. 1999)
694 N.Y.S.2d 353

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Montalvo v. J. Petrocelli Constr., Inc.

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