Durham v. Metropolitan Electric Protective Ass'n

James Durham, in his complaint, alleged that he fell from the respondent’s first-story loft window as a result of the respondent’s negligence in failing to maintain a proper and secure anchor on the outside of the window to which plaintiff could attach his safety belt. He further alleged that respondent violated section 202 of the Labor Law (dealing with the requirement of anchors) and the Rules and Regulations of the Industrial Code of the State of New York.

Rule 21.6 of the Industrial Code (12 NYCRR 21.6 [a] [2] [iii]) is relevant to this case. It requires that a window such as the one…