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Ioannis Giannas v. 100 3rd Avenue Corp., et al.

This is an interesting case from the Appellate Division, Second Department. People who argue that Labor Law § 240 is unfair, take heart. Here, the Court acknowledged that the worker doesn’t just win because he says the scaffold moved causing him to fall. Since a witness says that he was told by the worker that he just tripped and fell, a jury has to decide the case. The Court also spoke about another issue that pops up in these cases: who is a general contractor under Labor Law § 240? The answer, in a nutshell, is someone who acts like a general contractor and has the authority and control over the worker’s work. Here, if you really didn’t control safety you walk away from 240 liability. Finally, the court kept Rockledge Scaffold in the case because even though Labor Law § 240 doesn’t apply to them, plain old rules about negligence do apply to them and if the injured worker proves the scaffold moved and shouldn’t have, you could lose.

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