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VERGARA v. SS 133 WEST 21, LLC

21 A.D.3d 279 (2005)

800 N.Y.S.2d 134

RUBEN VERGARA et al., Appellants, v. SS 133 WEST 21, LLC, et al., Respondents. (And a Third-Party Action.) HMF CONSTRUCTION CORP., Second Third-Party Plaintiff-Respondent, v. BAL CONSTRUCTION CORPORATION, Second Third-Party Defendant-Respondent, et al., Second Third-Party Defendant.

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

August 11, 2005.

Labor Law § 240 (1) imposes a nondelegable duty upon the owner and contractor to supply necessary safety devices for workers at an elevation, to protect them from falling (see Bland v. Manocherian, 66 N.Y.2d 452, 458-459 [1985]; Rodriguez v. Forest City Jay St. Assoc., 234 A.D.2d 68 [1996]). A violation of this duty results in absolute liability where the violation was the proximate...

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