Plaintiff was allegedly injured when the pit ladder that he was ascending in an elevator shaft vibrated and caused him to fall about 20 feet to the floor of the shaft. The record demonstrates that the permanently affixed ladder was a safety device within the meaning of Labor Law § 240(1), as plaintiff was only able to access the elevator pit by ladder, and the ladder was "effectively furnished and operated ... within the meaning of the statute" as a safety device (
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KEHOE v. 61 BROADWAY OWNER LLC
180 A.D.3d 618 (2020)
121 N.Y.S.3d 230
2020 NY Slip Op 01391
Thomas Kehoe, Jr., et al., Appellants-Respondents, v. 61 Broadway Owner LLC et al., Respondents-Appellants/Third-Party Plaintiffs-Respondents-Appellants. P.S. Marcato Elevator Company, Inc., et al., Third-Party Defendants-Respondents.
Appellate Division of the Supreme Court of New York, First Department.https://leagle.com/images/logo.png
Decided February 27, 2020.
Decided February 27, 2020.
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