Klein v. City of New York
Cases that cite this one
105 later published cases cite this decision. The 25 that cite it most often are listed here.
- Marc A. Nicometi v. The Vineyards of Fredonia, LLC / Scott Pfohl v. Western New York Plumbing-Ellicott Plumbing and Remodeling Co. (N.Y. 2015)
- Thomas J. O'Brien v. Port Authority of New York and New Jersey (N.Y. 2017)
- Inga v. EBS North Hills, LLC (Appellate Division of the Supreme Court of New York 2010)
- Riffo-Velozo v. Village of Scarsdale (Appellate Division of the Supreme Court of New York 2009)
- Medina v. 1277 Holdings, LLC (Appellate Division of the Supreme Court of New York 2025)
- Nazario v. 222 Broadway, LLC (Appellate Division of the Supreme Court of New York 2016)
- Marc A. Nicometi v. The Vineyards of Fredonia, LLC / Scott Pfohl v. Western New York Plumbing-Ellicott Plumbing and Remodeling Co. (N.Y. 2015)
- Gallagher v. Resnick (Appellate Division of the Supreme Court of New York 2013)
- Gallagher v. Resnick (Appellate Division of the Supreme Court of New York 2013)
- McCaffery v. Wright & Co. Construction, Inc. (Appellate Division of the Supreme Court of New York 2010)
- Gillani v. 66th Street Woodside Property, LLC (Appellate Division of the Supreme Court of New York 2009)
- Meade v. Rock-Mcgraw, Inc. (Appellate Division of the Supreme Court of New York 2003)
- Peter v. Nisseli Realty Co. (Appellate Division of the Supreme Court of New York 2002)
- Yurkovich v. Kvarner Woodworking, Inc. (Appellate Division of the Supreme Court of New York 2001)
- Nieves v. Five Boro Air Conditioning & Refrigeration Corp. (Appellate Division of the Supreme Court of New York 1998)
- Lapinski v. MIP One Wall St. Acquisition LLC (Appellate Division of the Supreme Court of New York 2026)
- Delisle v. FBBT/US Props., LLC (Appellate Division of the Supreme Court of New York 2026)
- Vergara v. Fligr (New York Supreme Court, New York County 2025)
- Rancourt v. Semegran (New York Supreme Court, New York County 2025)
- Davis v. Manhattan Chelsea Mkt. LLC (New York Supreme Court, New York County 2025)
- Acosta v. Shanahan Group, LLC (Appellate Division of the Supreme Court of New York 2025)
- Pillco v. 160 Dikeman St., LLC (Appellate Division of the Supreme Court of New York 2025)
- Canales-Diaz v. City of New York (Appellate Division of the Supreme Court of New York 2025)
- Viveros v. Maserati Realty, LLC (New York Supreme Court, Kings County 2024)
- Rivera v. 31 W. 27th St. Prop. Invs. IV, LLC (New York Supreme Court, New York County 2024)
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
OPINION OF THE COURT
Memorandum.
The order of the Appellate Division should be affirmed, with costs, and the certified question answered in the affirmative.
Plaintiff commenced this action pursuant to section 240 (1) of the Labor Law after sustaining personal injuries in an accident which plaintiff alleged occurred when the ladder which he had ascended slipped out from under him causing him to fall. The room where the accident occurred had been flooded a few days before the accident with "air scubber water” which defendant conceded could have some degree of greasiness, slickness or slipperiness. Plaintiff, who was the sole witness to the accident, testified that although the room appeared clean to him when he entered, after his fall, he observed a film or "gunk” on the floor where he had placed the ladder.
Labor Law § 240 (1) requires that safety devices such as ladders be so "constructed, placed and operated as to give proper *835 protection” to a worker. "[T]he legislative history of the Labor Law, particularly sections 240 and 241, makes clear the Legislature’s intent to achieve the purpose of protecting workers by placing 'ultimate responsibility for safety practices at building construction jobs where such responsibility actually belongs, on the owner and general contractor’ ” (Zimmer v Chemung County Performing Arts, 65 NY2d 513, 520).
Plaintiff has established a prima facie case that defendant violated Labor Law § 240 (1) by failing to ensure the proper placement of the ladder due to the condition of the floor (see, Ferra v County of Wayne, 147 AD2d 964). Since neither the defendant nor third-party defendant has presented any evidence of a triable issue of fact relating to the prima facie case or to plaintiff’s credibility, summary judgment was properly awarded to the plaintiff.
Chief Judge Kaye and Judges Simons, Titone, Bellacosa, Smith, Levine and Ciparick concur in memorandum.
Order affirmed, etc.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.