Robinson v. Goldman Sachs Headquarters, LLC
Opinion of the Court
Ordered that the order is affirmed, with costs.
“In order to prevail on a Labor Law § 240 (1) cause of action, [a] plaintiff must establish that the statute was violated and that the violation was a proximate cause of his [or her] injuries” (Delahaye v Saint Anns School, 40 AD3d 679, 682 [2007]; see Berg v Albany Ladder Co., Inc., 10 NY3d 902, 904 [2008]; Robinson v East Med. Ctr., LP, 6 NY3d 550 [2006]). Although the “mere fact that a plaintiff fell from a ladder does not, in and of itself, establish” a violation of the statute (Delahaye v Saint Anns School, 40 AD3d at 682; see Costello v Hapco Realty, 305 AD2d 445, 447 [2003]), a plaintiff may establish his or her prima facie entitlement to judgment as a matter of law on a Labor Law § 240 (1) cause of action by showing both that he or she fell from a defective or unsecured ladder, and that the defect or failure to secure the ladder was a proximate cause of his or her injuries (see Melchor v Singh, 90 AD3d 866, 868 [2011]; Gilhooly v Dormitory Auth. of State of N.Y., 51 AD3d 719, 720 [2008]; Ricciardi v Bernard Janowitz Constr. Corp., 49 AD3d 624, 625 [2008]).
Here, the plaintiff Royston Robinson (hereinafter Robinson), a sheet metal worker, was injured when he fell approximately five feet from an unsecured, eight-foot, wooden A-frame ladder. The plaintiffs established their prima facie entitlement to judgment as a matter of law on the Labor Law § 240 (1) cause of action by submitting a transcript of the deposition testimony of Robinson, the sole witness to the accident, in which he asserted that his fall from the ladder occurred when one of its front feet “popped out” or “kicked out,” the foot of the ladder began “walking the floor,” and the ladder fell over (see Gilhooly v Dormitory Auth. of State of N.Y., 51 AD3d at 720; Ricciardi v Bernard Janowitz Constr. Corp., 49 AD3d at 625; Salon v Millinery Syndicate, Inc., 47 AD3d 914, 915 [2008]; Boe v Gammarati, 26 AD3d 351, 352 [2006]; Granillo v Donna Karen Co., 17 AD3d 531, 531 [2005]).
In opposition, however, the defendants raised a triable issue of fact as to whether the foot of the ladder simply kicked out and the ladder fell over, as Robinson testified, or whether Robinson’s own carelessness or the manner in which he used
Case-law data current through December 31, 2025. Source: CourtListener bulk data.