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LEZCANO v. METROPOLITAN LIFE INSURANCE COMPANY

11 A.D.3d 303 (2004)

782 N.Y.S.2d 451

SECUNDINO LEZCANO et al., Respondents, v. METROPOLITAN LIFE INSURANCE COMPANY et al., Appellants, et al., Defendant.

Appellate Division of the Supreme Court of the State of New York, First Department.

October 14, 2004.

There was unrebutted testimony at trial that plaintiff Secundino was injured when he fell from a scaffold not equipped with guardrails or other protective devices. Labor Law § 240 (1) imposes absolute liability on owners, contractors and their agents for any breach of the statutory duty that proximately causes a plaintiff's injury in these circumstances (Panek v County of Albany, 99 N.Y.2d 452, 457 [2003]), a duty that is nondelegable...

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