Szopinski v. MJ Mechanical Services, Inc.

Denman, P. J., and Boehm, J. (dissenting).

We respectfully dissent in part. Ramon Szopinski (plaintiff) was injured when he fell from a ladder that was permanently affixed to the exterior of the shopping mall where he was working as an electrician. Plaintiff was using the ladder to reach the penthouse in order to install wiring.

Although plaintiff fell while climbing a ladder, he was not engaged in "the erection, demolition, repairing, altering, painting, cleaning or pointing of a building or structure” (Labor Law § 240 [1]), but was using the permanently affixed ladder to gain access to the…