Smith v. 21 West LLC Limited Liability Company

• Decision Date: 04 September 2003
• Citation: 308 A.D.2d 312,764 N.Y.S.2d 181
• Parties: TEDDY SMITH et al., Appellants,<BR>v.<BR>21 WEST LLC LIMITED LIABILITY COMPANY et al., Respondents.
• Court: New York Supreme Court — Appellate Division

308 A.D.2d 312

764 N.Y.S.2d 181

TEDDY SMITH et al., Appellants,

v.21 WEST LLC LIMITED LIABILITY COMPANY et al., Respondents.

Decided September 4, 2003.

Concur — Buckley, P.J., Tom, Ellerin, Lerner and Friedman, JJ.

Plaintiff was injured while he was engaged in the removal of an air conditioning unit from a ceiling attachment. Doing so required him to stand on a ladder and cut through four pin rods that secured the unit to the ceiling. In the course of plaintiff's task, the unit fell, knocking him and the unsecured ladder to the floor. The fact of the unsecured ladder (see Joblon v Solow, 91 NY2d 457 [1998]) and the nature of the work (see Panek v County of Albany, 99 NY2d 452 [2003]) bring plaintiff within the statutory protections afforded by Labor Law § 240 (1).