DeRose v. Bloomingdale's Inc.

OPINION OF THE COURT

Acosta, J.P.

This appeal underscores the importance of Labor Law § 240 (l)’s protection of construction workers who are not provided with adequate safety devices. Because plaintiff’s supervisor explicitly directed him not to use an otherwise available Baker scaffold, and defendant does not dispute that a Baker scaffold would have been the adequate device for plaintiff to engage in the required demolition work, plaintiff is entitled to partial summary judgment on defendant’s liability where he used an inadequate A-frame ladder and was injured in a resulting fall.

Plaintiff is…