CUTAIA v. BOARD OF MGRS. OF THE VARICK ST. CONDOMINIUM

155334/12, 8623, 160/170, 8622.

172 A.D.3d 424 (2019)

100 N.Y.S.3d 221

2019 NY Slip Op 03458

Michael Cutaia, Appellant, v. The Board of Managers of The Varick Street Condominium et al., Defendants, and The Rector, Church Wardens and Vestrymen of Trinity Church in The City of New York, et al., Respondents. Michilli Construction, Inc., et al., Third-Party Plaintiffs-Respondents, v. A+ Installations Corp., Third-Party Defendant-Respondent. (And Other Actions.)

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

Decided May 2, 2019.


There is nothing in the statute that indicates that the legislature intended to exempt from the protections of Labor Law § 240 (1) a worker who falls from an unsecured ladder after receiving an electric shock. Indeed, our directive is to construe the statute "as liberally as may be for the accomplishment of the purpose for which it was thus framed" (Zimmer v Chemung County Performing Arts, 65 N.Y.2d 513, 521 [1985]).

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