Fourth Department – Labor Law: Delisle v. FBBT/US Properties, LLC

New York State Supreme Court, Appellate Division, Fourth Judicial Department

Labor Law — Violation of statute

Delisle v. FBBT/US Properties, LLC

CA 24-01928

Appealed from Supreme Court, Erie County

Background: The plaintiff commenced a Labor Law action seeking damages for injuries he sustained while performing construction work on premises owned by the defendant. The plaintiff alleged that an A-frame ladder on which he had been standing on shifted, causing him to lose his balance and then injure his arm as he grabbed the ladder to steady himself before he fell to the ground. He argues that the court erred in granting the defendant’s motion for summary judgment dismissing the complaint.

Ruling: The Appellate Division reversed. The court noted that the plaintiff submitted deposition testimony wherein he testified that an employee covered the ladder’s feet with socks, that he instructed the plaintiff to use the modified ladder, and that the socks caused the ladder to slide and the plaintiff to fall.

Jonathan M. Gorski, of Dolce Panepinto, for the plaintiff-appellant-respondent; David R. Adams, of Hurwitz Fine, for the defendants-respondents-appellants; Brent C. Seymour, of Kenney Shelton Liptak Nowak, for the defendant-respondent.

Oral argument video