PAUL KLEIN , ET AL., RESPONDENTS, v. THE CITY OF NEW YORK, APPELLANT, v.
MICHAEL MAZZEO ELEC. CO., APPELLANT.
89 N.Y.2d 833, 675 N.E.2d 458, 652 N.Y.S.2d 723 (1996).
November 14, 1996
1 No. 245 (1996 NY Int. 2**)
Decided November 14, 1996
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This memorandum is uncorrected and subject to revision before
publication in the New York Reports.
Elaine R. Witkoff, for city Appellant.
Michael L. Boulhosa, for Appellant Michael Mazzeo Elec.
Robert M. Ginsberg, for Respondents.
MEMORANDUM:
The order of the Appellate Division should be affirmed, with costs,
and the certified question answered in the affirmative.
Plaintiff commenced this action pursuant to section 240(1) of the
Labor Law after sustaining personal injuries in an accident which
plaintiff alleged occurred when the ladder which he had ascended
slipped out from under him causing him to fall. The room where the
accident occurred had been flooded a few days before the accident with
"air scubber water" which defendant conceded could have some degree of
greasiness, slickness or slipperiness. Plaintiff, who was the sole
witness to the accident, testified that although the room appeared
clean to him when he entered, after his fall, he observed a film or
"gunk" on the floor where he had placed the ladder.
Labor Law § 240(1) requires that safety devices such as ladders be so
"constructed, placed and operated as to give proper protection" to a
worker. "(T)he legislative history of the Labor Law, particularly
sections 240 and 241, makes clear the Legislature's intent to achieve
the purpose of protecting workers by placing 'ultimate responsiblity
for safety practices at building construction jobs where such
responsibility actually belongs, on the owner and general contractor'"
(Zimmer v Chemung County performing Arts, 65 NY2d 513, 520).
Plaintiff has established a prima facie case that defendant violated
Labor Law § 240(1) by failing to ensure the proper placement of the
ladder due to the condition of the floor (see, Ferra v County of
Wayne, 147 AD2d 964). Since neither the defendant nor third party
SNIPPETS:
PAUL KLEIN, ET AL., RESPONDENTS, v.
THE CITY OF NEW YORK, APPELLANT, v. MICHAEL MAZZEO ELEC.
This memorandum is uncorrected and subject to revision before publication in the New York
The order of the Appellate Division should be affirmed, with costs, and the certified
Plaintiff commenced this action pursuant to section 240of the Labor Law after sustaining
The room where the accident occurred had been flooded a few days before the accident with
Plaintiff, who was the sole witness to the accident, testified that although the room
Labor Law § 240requires that safety devices such as ladders be so "constructed, placed and
"he legislative history of the Labor Law, particularly sections 240 and 241, makes clear the
Plaintiff has established a prima facie case that defendant violated Labor Law § 240by
Since neither the defendant nor third party defendant has presented any evidence of a triable
Chief Judge Kaye and Judges Simons, Titone, Bellacosa, Smith, Levine and Ciparick concur.
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