Nicometi v Vineyards of Fredonia, LLC

Plaintiff, a construction worker, slipped on ice and fell to the floor while using stilts to install insulation in a ceiling. Plaintiff commenced this action, asserting common-law negligence and N.Y. Labor Law 200, 240(1) and 241(6) claims against the owner of the premises upon which Plaintiff was working, as well as the general contractor for the construction project. Supreme Court granted Plaintiff summary judgment with regard to liability on the Labor Law 240(1) claim as against the owner of the premises and the contractor, determining that section 240(1) applied because Plaintiff’s accident resulted from an elevation-related risk as contemplated by the statute. The Appellate Court affirmed as modified. The Court of Appeals modified the order of the Appellate Division, holding that Plaintiff’s accident did not fit within the ambit of section 240(1) because Plaintiff’s injuries resulted from a slip on ice, which was a separate hazard unrelated to the elevation risk. View "Nicometi v Vineyards of Fredonia, LLC" on Justia Law