GARZON v. METROPOLITAN TRANSPORTATION AUTHORITY


70 A.D.3d 568 (2010)

895 N.Y.S.2d 83

JOSE L. GARZON et al., Appellants, v. METROPOLITAN TRANSPORTATION AUTHORITY et al., Respondents.

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

Decided February 23, 2010.


Plaintiff was struck by a caulking gun that he left temporarily on a ladder rung as he was working in a facility owned by defendants. He argues that defendants violated Labor Law § 240 (1) in that they failed to provide him with a scaffold or manlift from which to work and failed to provide a safety device to secure the caulking gun.

Labor Law § 240 (1) applies to falling object cases where the falling of an object is related to a significant risk inherent...

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