DeROSE v. BLOOMINGDALE'S INC.

Nos. 590324/12, 104884/11, 11959.

120 A.D.3d 41 (2014)

986 N.Y.S.2d 127

2014 NY Slip Op 3786

JORDAN DeROSE, Appellant, v. BLOOMINGDALE'S INC., Respondent. (And a Third-Party Action.)

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

Decided May 27, 2014.


Attorney(s) appearing for the Case

Lever & Stolzenberg LLP, White Plains ( Terrence James Cortelli of counsel), for appellant.

Lester Schwab Katz & Dwyer, LLP, New York City ( Harry Steinberg of counsel), for respondent.

RENWICK, FEINMAN and CLARK, JJ., concur.


OPINION OF THE COURT

ACOSTA, J.P.

This appeal underscores the importance of Labor Law § 240 (1)'s protection of construction workers who are not provided with adequate safety devices. Because plaintiff's supervisor explicitly directed him not to use an otherwise available Baker scaffold, and defendant does not dispute that a Baker scaffold would have been the adequate device for plaintiff to engage in the required demolition work, plaintiff is entitled...

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