COOMBES v. SHAWMUT DESIGN & CONSTRUCTION

9611, 155497/14.

175 A.D.3d 1140 (2019)

105 N.Y.S.3d 877

2019 NY Slip Op 06455

Derek Coombes et al., Appellants, v. Shawmut Design & Construction et al., Respondents. Shawmut Design & Construction et al., Third-Party Plaintiffs-Respondents, v. Rockmor Electric Enterprises, Third-Party Defendant-Respondent/Second Third-Party Plaintiff-Respondent. Cord Contracting Co., Inc., Second Third-Party Defendant.

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

September 10, 2019.


Attorney(s) appearing for the Case

The Braunstein Law Firm, PLLC, New City ( Michael L. Braunstein of counsel), for appellants.

Lawrence, Worden, Rainis & Bard, P.C., Melville ( Michael E. Shay of counsel), for Shawmut Design & Construction and Apple, Inc., respondents.

Camacho Mauro Mulholland, LLP, New York ( Anthony J. Buono of counsel), for Rockmor Electronic Enterprises, respondent.

Concur—Friedman, J.P., Richter, Tom, Gesmer, Moulton, JJ.


Plaintiff electrician was injured when he fell from an elevated concrete platform on his work site that did not have safety rails or stairs, and over which he was repeatedly required to traverse to access an electrical panel to do his work. This accident falls within the ambit of Labor Law § 240 (1), because plaintiff's injuries were the direct consequence of a failure to provide adequate protection, such as a guardrail or stairs, to prevent the risk posed by the physically...

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