Galloway v. Tenth City Associates
Cases that cite this one
1 later published case cites this decision.
- Noriega v. State Street Bank & Trust Co. of Connecticut (Appellate Division of the Supreme Court of New York 2000)
This list shows which later cases cite this one. It does not say how they treated it, and no review of that has been done. Not a substitute for Shepard’s or KeyCite — verify before relying.
Opinion of the Court
This action was commenced against the owners, asserting, inter alia, that the failure to provide "a ramp, stair or rails in order to get to and from [the] setback” constitutes a violation of Labor Law § 240 (1). The owners impleaded Flour City Architectural Metals, a subcontractor, which in turn impleaded Tishman Construction Co., the general contractor, and Heydt Contracting Corp., another subcontractor.
The facts pleaded do not constitute an "elevation-related” hazard as contemplated by Labor Law § 240, which is designed to protect workers from hazards associated with " 'gaining access to or working at sites where elevation poses a risk’ ” (Brooks v City of New York, 212 AD2d 435, 436, quoting Rocovich v Consolidated Edison, 78 NY2d 509, 514). Access to a work site located a mere foot or so below the platform on which plaintiff was standing is not one of the "exceptionally dangerous conditions posed by elevation differentials at work sites” for which the statute requires safety precautions (Misseritti v Mark IV Constr. Co., 86 NY2d 487, 491). It may, however, comprise a violation of Labor Law § 241 (6), requiring construction areas to be maintained to "provide reasonable and adequate protection and safety” to workers, and plaintiff’s cause of action premised upon this section of the statute is viable. Concur—Milonas, J. P., Wallach, Rubin, Kupferman and Mazzarelli, JJ.
Case-law data current through September 30, 2026. Source: CourtListener bulk data.