ALBANY – The Court of Appeals yesterday established two important principles of Labor Law: that the window washer provision of Labor Law �202 does not impose strict liability, and that it can co-exist with a strict liability claim under �240 of the same law.
Yesterday’s ruling in Bauer v. The Female Academy of the Sacred Heart, 21, clarifies issues that had divided the Appellate Division, Third Department. It establishes for the first time that �202, which was clearly a strict liability statute when it was enacted in 1930, is now subject to comparative negligence standards.
