25 N.Y.3d 93 (2015)
Labor Law § 240(1) does not apply to injuries caused by a slip and fall on ice, even when the worker is using stilts, as the injury is not a direct consequence of an elevation-related risk.
Summary
Marc Nicometi, a construction worker, sued The Vineyards of Fredonia, LLC, and other defendants after he slipped on ice while using stilts to install insulation in a ceiling. The New York Court of Appeals addressed whether Labor Law § 240(1), which imposes strict liability for elevation-related injuries, applied. The court held that it did not, finding that the injury resulted from the ice – a separate hazard – and not the elevation. The court distinguished this from cases where elevation-related risks were the direct cause of injury, emphasizing that § 240(1) only covers special hazards related to elevation differentials, not ordinary construction site dangers like ice or tripping hazards.
Facts
Marc Nicometi was installing insulation in a new apartment building while wearing stilts to reach the ceiling. He slipped on a patch of ice on the concrete floor, sustaining injuries. Nicometi claimed that he informed his supervisor about the ice, who allegedly instructed him to continue working despite the hazard. He sued the property owner, general contractor, and subcontractors under common law negligence and Labor Law §§ 200, 240(1), and 241(6). The trial court granted partial summary judgment to Nicometi on the § 240(1) claim, finding that the accident resulted from an elevation-related risk. The Appellate Division modified the trial court’s order, denying Nicometi’s motion, leading to appeals to the Court of Appeals.
Procedural History
Nicometi sued in Supreme Court. The Supreme Court granted partial summary judgment for the plaintiff on the Labor Law § 240(1) claim. The Appellate Division modified the Supreme Court’s order, denying Nicometi’s motion. The Court of Appeals granted leave to appeal and cross-appeal, certifying the question whether the Appellate Division’s order was properly made.
Issue(s)
Whether Labor Law § 240(1) applies when an employee using stilts slips on ice and is injured.
Holding
No, because the injury resulted from a separate hazard (ice) unrelated to any elevation risk, and therefore Labor Law § 240(1) does not apply.
Court’s Reasoning
The court relied on the principle that Labor Law § 240(1) applies only to