From Casetext: Smarter Legal Research

Plywacz v. 85 Broad St. LLC

Supreme Court, Appellate Division, First Department, New York.
Mar 20, 2018
159 A.D.3d 543 (N.Y. App. Div. 2018)

Summary

In Plywacz v 85 Broad Street LLC, (159 AD3d 543 [1st Dept 2018]), directly before Plywacz's fall from an unsecured ladder, a suction cup that he had attached to steel wall panels came loose (see Plywacz v 85 Broad Street LLC, 159 AD3d at 544).

Summary of this case from Gomes-Sanchez v. Levy

Opinion

6043 Index 158748/12

03-20-2018

Arkadiusz PLYWACZ, et al., Plaintiffs–Respondents, v. 85 BROAD STREET LLC, et al., Defendants–Appellants.

Barry McTiernan & Moore LLC, New York (David H. Schultz of counsel), for appellants. Jaroslawicz & Jaros PLLC, New York (Norman Frowley of counsel), for respondents.


Barry McTiernan & Moore LLC, New York (David H. Schultz of counsel), for appellants.

Jaroslawicz & Jaros PLLC, New York (Norman Frowley of counsel), for respondents.

Friedman, J.P., Richter, Mazzarelli, Kapnick, Gesmer, JJ.

Order, Supreme Court, New York County (Shlomo S. Hagler, J.), entered January 20, 2017, which granted plaintiffs' motion for partial summary judgment on the issue of liability on the Labor Law § 240(1) claim, and denied defendants' cross motion for summary judgment dismissing the complaint, unanimously modified, on the law, the cross motion granted to the extent of dismissing the Labor Law §§ 200, 241(6) and common-law negligence claims, and otherwise affirmed, without costs.

Partial summary judgment on the issue of liability on the Labor Law § 240(1) claim was properly granted in this action where plaintiff Arkadiusz Plywacz was injured when he fell from an unsecured ladder while installing steel wall panels in the lobby of a building (see Hill v. City of New York, 140 A.D.3d 568, 570, 35 N.Y.S.3d 307 [1st Dept. 2016] ). "It is well settled that failure to properly secure a ladder to insure that it remains steady and erect while being used, constitutes a violation of Labor Law § 240(1)" ( Schultze v. 585 W. 214th St. Owners Corp., 228 A.D.2d 381, 381, 644 N.Y.S.2d 722 [1st Dept. 1996] ). It is irrelevant whether plaintiff initially lost his balance before or after the ladder wobbled because it is uncontested that the precipitating cause of both was that the suction cup that he had affixed to the panel and gripped to pull the panel into place came loose (see Messina v. City of New York, 148 A.D.3d 493, 494, 49 N.Y.S.3d 408 [1st Dept. 2017] ). Under either scenario, the ladder failed to remain steady under plaintiff's weight as he performed his work. Furthermore, even if plaintiff gripped the suction cup incorrectly, causing it to come loose, any such misuse of the suction cup was not the sole proximate cause of the accident where the unsecured ladder moved ( id. at 494, 49 N.Y.S.3d 408 ).

We modify to the extent indicated as plaintiffs do not contest that the Labor Law §§ 200, 241(6) and common-law negligence claims should have been dismissed.


Summaries of

Plywacz v. 85 Broad St. LLC

Supreme Court, Appellate Division, First Department, New York.
Mar 20, 2018
159 A.D.3d 543 (N.Y. App. Div. 2018)

In Plywacz v 85 Broad Street LLC, (159 AD3d 543 [1st Dept 2018]), directly before Plywacz's fall from an unsecured ladder, a suction cup that he had attached to steel wall panels came loose (see Plywacz v 85 Broad Street LLC, 159 AD3d at 544).

Summary of this case from Gomes-Sanchez v. Levy
Case details for

Plywacz v. 85 Broad St. LLC

Case Details

Full title:Arkadiusz PLYWACZ, et al., Plaintiffs–Respondents, v. 85 BROAD STREET LLC…

Court:Supreme Court, Appellate Division, First Department, New York.

Date published: Mar 20, 2018

Citations

159 A.D.3d 543 (N.Y. App. Div. 2018)
2018 N.Y. Slip Op. 1883
72 N.Y.S.3d 80

Citing Cases

Gomes-Sanchez v. Levy

Defendants' attempt to cast Plaintiff's use of the grinder (plugging it in while the grinder was in the "on"…

RS JZ Driggs LLC v. Concrete Courses Concepts Corp.

The court finds that, contrary to the contentions of defendants and CCC, the plaintiff has established his…