On April 28, 2022, the Court of Appeals decided a trio of Labor Law §240(1) ladder fall cases, all of which resulted in either the denial of summary judgment to the plaintiff or the dismissal of the claim altogether. The decisions are refreshing anomalies amid the landscape of New York courts reflexively granting plaintiffs summary judgment on §240(1) claims in ladder fall cases and will produce significant ripples in the area.
‘Cutaia v. The Board of Managers of the 160/170 Varick Street Condominium’. In Cutaia, plaintiff was tasked with cutting and rerouting ceiling pipes located near electrical wiring. To reach the pipes, he used an A-frame ladder, which he leaned against the wall in the closed position due to spatial limitations. While attempting to connect two pipes, plaintiff was electrocuted and fell to the ground. He could not remember anything about the accident, including whether the ladder fell or whether he was thrown from it after being electrocuted.
