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RUNNER v. NEW YORK STOCK EXCHANGE, INC.

Docket No. 08-0653-cv.

568 F.3d 383 (2009)

Victor J. RUNNER, Plaintiff-Appellee, v. NEW YORK STOCK EXCHANGE, INC., Defendant-Cross-Claimant-Third-Party Plaintiff-Third-Party Defendant-Cross-Defendant-Appellant, AMEC Construction Management, Inc., Defendant-Third-Party Plaintiff-Cross-Defendant-Third-Party Defendant-Appellant, Albin Gufstanson Co., Inc., Third-Party Defendant-Cross-Claimant.

United States Court of Appeals, Second Circuit.

Decided: June 10, 2009.

Attorney(s) appearing for the Case

Steven J. Ahmuty, Jr., (Christopher Simone, on the brief), Shaub, Ahmuty, Citrin & Spratt, LLP, Lake Success, NY, for Defendants-Appellants New York Stock Exchange, Inc. and AMEC Construction Management, Inc. Co., LLC.

Scott N. Singer, Sacks and Sacks, LLP, New York, NY, for Plaintiff-Appellee.

Before: CABRANES, HALL, Circuit Judges, and SWEET, District Judge.

JOSÉ A. CABRANES, Circuit Judge:

We consider here whether (1) section 240(1) of New York's Labor Law, which establishes an absolute liability regime for certain types of elevation-related injuries, covers an injury sustained while lowering a heavy object by means of a makeshift pulley down a small stairway separating two levels of a split-level hallway, and (2) certification to the New York Court of Appeals is appropriate.1

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