Solano v. City of New York
Opinion of the Court
As the plywood plank that struck plaintiff had been deliberately dropped from a window it does not constitute a “falling object” under Labor Law § 240 (1) (see Roberts v General Elec. Co., 97 NY2d 737, 738 [2002]; see also Boyle v 42nd St. Dev. Project, Inc., 38 AD3d 404, 407 [2007]). Accordingly, the Labor Law § 240 (1) cause of action should be dismissed as against the City as well as against Great American (see Merritt Hill Vineyards v Windy Hgts. Vineyard, 61 NY2d 106, 111 [1984]). Concur—Andrias, J.P., Nardelli, Moskowitz and DeGrasse, JJ.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.