Colern v. State

We conclude that claimant made an unrebutted showing of the State’s liability under Labor Law § 240 (1) and that the judgment therefore must be reversed. Claimant established that he was injured as a result of a fall from an elevated work site and that no planking, scaffolding, railing, netting or other safety devices were provided for his protection. He also showed that the absence of safety devices was the proximate cause of his injuries (Bland v Manocherian, 66 NY2d 452, 459; Zimmer v Chemung County Performing Arts, 65 NY2d 513, 524, rearg denied 65 NY2d 1054).

Contrary to the court’s…