Chabla v. 72 Greenpoint, LLC

The plaintiff allegedly was injured when he fell approximately 15 feet from a scaffold to the ground. The plaintiff testified at his deposition that he was descending a two-story high scaffold using the metal cross-pieces of the scaffolding’s frame. After reaching the scaffolding’s first level, the plaintiff rested his foot on a piece of platform planking that extended approximately eight inches beyond the scaffolding’s frame when the planking broke, causing him to fall to the ground.

To prevail on a cause of action alleging a violation of Labor Law § 240 (1), a plaintiff must establish that…