Saavedra v. 89 Park Avenue LLC

Order, Supreme Court, New York County (Nancy M. Bannon, J.), entered April 7, 2016, which denied plaintiff’s motion for partial summary judgment on the issue of liability on his Labor Law § 240 (1) claim, unanimously reversed, on the law, without costs, and the motion granted.

Denial of summary judgment on plaintiff’s claim pursuant to Labor Law § 240 (1) was in error where plaintiff electrician was injured when he fell from an A-frame ladder as he was attempting to descend it. Plaintiff’s use of a six-foot ladder that required him to stand on the top step did not make him the sole proximate…