Kelley Kronenberg Partner Elise Sosa secured a reversal at the Appellate Division, Second Department on behalf of the New York City School Construction Authority, Neelam Construction Corporation, the Board of Education of the City of New York, the City of New York, and the New York City Department of Education in a New York Labor Law matter arising from a construction site accident at Long Island City High School in Queens. 

The plaintiff alleged he was struck in the back of the head by an unidentified falling object while clearing debris from a scaffold in April 2022. Before defense depositions were completed, the plaintiff moved for summary judgment on liability under Labor Law Section 240(1), the Scaffold Law, which imposes absolute liability on owners and contractors for elevation-related accidents. The trial court granted the motion in May 2024. 

Elise appealed, arguing that the plaintiff had failed to meet his prima facie burden because his submissions did not establish what object struck him, where it came from, or whether it fell due to the absence or inadequacy of a safety device enumerated in the statute. The Appellate Division agreed, reversing the trial court’s order and holding that the plaintiff’s own submissions demonstrated the existence of triable issues of fact as to whether the accident involved an elevation-related hazard covered by Labor Law Section 240(1) and whether any safety device failure caused the injury. 

The decision carries significance beyond this case. Since the trial court’s May 2024 order, nine percent statutory interest had been accruing on the judgment. The reversal eliminated that exposure entirely. More broadly, the Appellate Division declined to expand the scope of Labor Law Section 240(1), affirming that plaintiffs are not entitled to summary judgment on liability when they cannot identify what struck them, where the object originated, or whether the absence of a required safety device was the cause of the injury. 

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