Macedo v. J.D. Posillico, Inc.
Appellate Division of the Supreme Court of the State of New York
1Opinion of the Court
*509Plaintiff met his prima facie burden of establishing that he was performing work covered by section 240 (1). It is undisputed that he was working on an elevated platform, attempting to lift a cone hanging from a rope, when he and a coworker fell from the platform (see Landgraff v 1579 Bronx Riv. Ave., LLC, 18 AD3d 385 [2005]; Kyle v City of New York, 268 AD2d 192 [2000], lv denied 97 NY2d 608 [2002]). Whether or not the platform failed or bent prior to plaintiffs fall is irrelevant because there is no question that neither plaintiff’s safety device nor the platform and associated safety wire…
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