The Court of Appeals repeatedly teaches that where statutory language is clear and unambiguous, effect is to be given to the plain reading of the words used. The lesson no less serves Labor Law-based actions. Treatment of the subject necessitates questionings.

Section 240

Analytically read, for owner and/or contractor §240 liability to come about, there must be building or structure activity of a kind named, where performance of an aspect at above floor level entails use of a listed or other[1] device to work from (e.g., a ladder or scaffold) or with (e.g., a hoist), and a worker suffers height-related harm due to device-linked culpability in defect, inadequacy for purpose, or unavailability for need. Absent any of these elements, §240 cannot be in play.

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