Thomas J. O'Brien v. Port Authority of New York and New Jersey

The majority’s conclusion that triable factual issues preclude summary judgment for the plaintiff reflects a misunderstanding of the legislative intent and statutory mandates of Labor Law § 240 (1). Section 240 is a “self-executing statute . . . containing its own specific safety measures” (Zimmer v Chemung County Performing Arts, 65 NY2d 513, 522 [1985]), and subdivision (1) places ultimate responsibility for safety practices at construction sites on the property owner and general contractor (id. at 520). One of the core principles of our section 240 (1) jurisprudence is that it would…