Partner Amy L. Fenno Wins Reversal From Court of Appeals on Application of Labor Law 240 Decision Issued by the Appellate Division First Department

In Nazario v. Knight Electric, on appeal to the New York Court of Appeals, partner Amy Fenno won reversal of Labor Law § 240 (1) liability when the Court decided the Appellate Division First Department had erroneously granted summary judgment to Plaintiff under Labor Law § 240 (1). The Court held there was a triable issue of fact as to whether the A-frame ladder on which Nazario was standing failed to provide adequate protection. Nazario had been performing electrical work from the A-frame ladder and fell after being electrocuted. The Court held there was a factual issue as to whether the ladder failed to provide proper protection under Labor Law § 240 (1), and whether additional safety devices were required. Blake v Neighborhood Hous. Servs. of N.Y. City, 1 N.Y.3d 280, 287 (2003); Barreto v Metropolitan Transp. Auth., 25 N.Y.3d 426 [2015], reargument denied 25 N.Y.3d 1211 (2015).