Grigoropoulos v. Moshopoulos, 44 AD 3d 1003 - NY: Appellate Div., 2nd Dept. 2007

It is well established that a fall precipitated by the collapse of a temporary floor or similar structure gives rise to liability under section 240 (1

—the worker, who was required to stand upon a makeshift plywood platform to perform his task, was injured when the plywood gave way under him causing him to fall into the basement below

Plaintiff relies on inapposite decisions and ignores that (1) the flange did not serve as the exclusive route to and from the trench entrance, inasmuch as he conceded that he could have reached the trench entrance without walking on the flange, and (2) the flange ran alongside the trench, rather than across the trench.

In support of his motion for summary judgment, plaintiff argues that Northbay and LL, as owner and general contractor, respectively, are strictly liable under Labor Law § 240 (1) because they failed to provide him with an adequate safety device to protect him from the elevated risk of falling two floors through the subject shaft, and that this violation was the proximate …

It has been held that "a defendant is not aggrieved by the dismissal of the plaintiff's complaint against a codefendant, but, rather, only by the dismissal of that defendant's cross claim or third-party claim against a codefendant

[CITATION] Roadblocks on the Road to the Appellate Division and How to (Sometimes …