LaFleur v. Consolidated Edison Co. of New York, Inc.
| Decision Date | 21 November 1995 |
| Citation | 221 A.D.2d 250,633 N.Y.S.2d 496 |
| Parties | Randy LaFLEUR, Plaintiff-Respondent, v. CONSOLIDATED EDISON COMPANY OF NEW YORK, INC., Defendant. CAPITAL CITIES/ABC, INC., etc., Defendant-Appellant/Third-Party Plaintiff-Appellant, v. PETROCELLI ELECTRIC, INC., Third-Party Defendant. |
| Court | New York Supreme Court — Appellate Division |
A.J. Wulwick, for plaintiff-respondent.
S. Bunin, for third-party plaintiff-appellant.
Before ROSENBERGER, J.P., and ELLERIN, RUBIN, ASCH and NARDELLI, JJ.
Order, Supreme Court, New York County (Leland DeGrasse, J.), entered May 5, 1994, which, inter alia, granted plaintiff's motion for summary judgment on the issue of liability, unanimously affirmed, with costs.
Defendant's liability under Labor Law § 240(1) was established as a matter of law since defendant breached its nondelegable duty to provide adequate safety devices to prevent plaintiff's fall from a ladder upon which he was working (see, Gordon v. Eastern Ry. Supply, 82 N.Y.2d 555, 561-562, 606 N.Y.S.2d 127, 626 N.E.2d 912). The fact that the ladder was provided by another party does not relieve defendant from liability. The failure to provide adequate safety devices was a substantial cause of plaintiff's fall and resulting injuries which were foreseeable in light of such risk (see, id.). That the ladder was knocked over by a cabinet which collapsed when the plaintiff touched it with his hand was not such an extraordinary event as to constitute a superseding cause (see, id.; Robinson v. NAB Constr. Corp., 210 A.D.2d 86, 620 N.Y.S.2d 337; Quinlan v. Eastern Refractories Co., 217 A.D.2d 819, 629 N.Y.S.2d 819).
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