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CAHILL v. TRIBOROUGH

4 N.Y.3d 35 (2004)

823 N.E.2d 439

790 N.Y.S.2d 74

TIMOTHY CAHILL, Respondent, v. TRIBOROUGH BRIDGE AND TUNNEL AUTHORITY, Appellant.

Court of Appeals of the State of New York.

Decided December 21, 2004.

Attorney(s) appearing for the Case

Ellenberg & Rigby, LLP, New York City (Kenneth Arthur Rigby, John Wiess and Elena Yun of counsel), for appellant.

Fischbein Badillo Wagner Harding, New York City (Christopher A. Marothy and Don Abraham of counsel), for respondent.

Chief Judge KAYE and Judges G.B. SMITH, CIPARICK, ROSENBLATT, GRAFFEO and READ concur.

OPINION OF THE COURT

R.S. SMITH, J.

We decide in this case that, where an employer has made available adequate safety devices and an employee has been instructed to use them, the employee may not recover under Labor Law § 240 (1) for injuries caused solely by his violation of those instructions, even though the instructions were given several weeks before the accident occurred.

Facts and Procedural History

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