OWUSU v. HEARST COMMUNICATIONS, INC.


52 A.D.3d 285 (2008)

860 N.Y.S.2d 38

JOEL OWUSU, Respondent, v. HEARST COMMUNICATIONS, INC., et al., Appellants, et al., Defendant.

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

Decided June 10, 2008.


Plaintiff's motion for summary judgment on the issue of defendants' liability under Labor Law § 240 (1) should have been denied, because there is a triable issue of fact whether the "ship ladder" from which plaintiff fell was a device within the meaning of Labor Law § 240 (1) or "a permanent staircase not designed as a safety device to afford protection from an elevation-related risk and therefore outside the coverage of the statute" (Griffin v New York City...

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