Petrocelli v. Tishman Construction Co.
Opinion of the Court
Judgment, Supreme Court, New York County (Faula J. Omansky, J.), entered June 10, 2004, upon a jury verdict in defendants’ favor, unanimously affirmed, without costs.
Plaintiff, a journeyman electrician, was injured in the course of a renovation project when he fell from a ladder. Conflicting evidence with respect to how plaintiff fell from the ladder presented a triable issue as to whether plaintiffs injury was attributable to a failure on defendants’ part to provide adequate protective devices or was solely attributable to plaintiffs own conduct (see Blake v Neighborhood Hous. Servs. of N.Y. City, 1 NY3d 280 [2003]; and see Weininger v Hagedorn & Co., 91 NY2d 958 [1998]). The jury was entitled to resolve the issue and we perceive no basis to disturb the verdict.
The trial court properly refused to charge the jury on plaintiff’s Labor Law § 241 (6) cause of action, since the Industrial Code regulation pleaded was not sufficiently specific to impose liability (see Fairchild v Servidone Constr. Corp., 288 AD2d 665, 667-668 [2001]). Concur—Buckley, EJ., Tom, Ellerin, Williams and Sweeny, JJ.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.