Opinion
8405- 8406 Index 100256/11
02-14-2019
Joseph B. MITCHELL, et al., Plaintiffs–Appellants, v. CITY OF NEW YORK, et al., Defendants–Respondents.
Giuliano McDonnell & Perrone, LLP, Mineola (Matthew M. Gorden of counsel), for appellants. Fabiani, Cohen & Hall, LLP, New York (Kevin B. Pollak of counsel), for respondents.
Giuliano McDonnell & Perrone, LLP, Mineola (Matthew M. Gorden of counsel), for appellants.
Fabiani, Cohen & Hall, LLP, New York (Kevin B. Pollak of counsel), for respondents.
Friedman, J.P., Sweeny, Webber, Kahn, Kern, JJ.
Orders, Supreme Court, New York County (Lucy Billings, J.), entered August 9, 2017, which granted defendants' motion for summary judgment dismissing the complaint, and denied plaintiffs' motion for partial summary judgment on the issue of liability on the Labor Law §§ 240(1) and 241(6) claims, unanimously affirmed, without costs.
There is no viable Labor Law § 240(1) claim where, as here, "plaintiff simply lost his footing while [descending] a properly secured, non-defective extension ladder that did not malfunction" ( Ellerbe v. Port Auth. of N.Y. & N.J., 91 A.D.3d 441, 442, 936 N.Y.S.2d 39 [1st Dept. 2012] ). Furthermore, inasmuch as the ladder was placed in compliance with 12 NYCRR 23–1.21(b)(4)(i), dismissal of the Labor Law § 241(6) claim was warranted.
We have considered plaintiffs' remaining arguments and find them unavailing.