Lezcano v. Metropolitan Life Insurance

Amended judgment, Supreme Court, New York County (Jacqueline W. Silbermann, J.), entered February 11, 2004, which, after a jury trial, awarded plaintiffs damages in accordance with CELR article 50-B, unanimously affirmed, without costs.

There was unrebutted testimony at trial that plaintiff Secundino was injured when he fell from a scaffold not equipped with guardrails or other protective devices. Labor Law § 240 (1) imposes absolute liability on owners, contractors and their agents for any breach of the statutory duty that proximately causes a plaintiff’s injury in these circumstances (Panek…