Cohen v. Columbia University

Order, Supreme Court, New York County (Rolando T. Acosta, J), entered June 5, 2006, which granted defendant’s motion for summary judgment dismissing the complaint, unanimously reversed, on the law, without costs, the motion denied and the complaint reinstated.

Plaintiff elevator mechanic alleges that, as he descended a retractable ladder affixed to defendant’s premises to afford access to and from its elevator machine room, the ladder shifted, causing him to fall and sustain injury. Plaintiff’s Labor Law § 200 claim should not have been dismissed since defendant failed to show, prima facie,…