New York Personal Injury Lawyers
Call Today for a Free Consultation 212.577.9325 We Are Available 24/7

Michael Cutaia v. The Board of Managers of 160/170 Varick Street Condominium, et al.

This case involves the intersection of a few relatively common scenarios that pop up in the area of construction accidents: falls off ladders, A-frame ladders that are used in the closed position, and electric shocks that precipitate falls. The Appellate Division, First Department decided in favor of the injured worker that Labor Law 240(1), the “Scaffold Law,” was violated, with two judges dissenting. This decision accurately reflects the realities of working in the construction trades and is an important one to know if you are a construction accident attorney in New York. Cutaia was working as a plumbing mechanic to install plumbing piping for a renovation project. He was using a 10-foot tall A-frame ladder to do his work. At the time of the accident, he was working in an area that was not large enough for him to be able to open the A-frame ladder completely and so, therefore, he folder the ladder closed and leaned it against the wall. He climbed the ladder and when he grabbed onto piping, he received an electric shock that knocked him off the ladder. The majority of the Court based their decision on the following: 1) “the ladder could not be opened or locked” and the “only way [Cutaia] could gain access to his work area” was by “folding up the ladder and leaning it against the wall”; 2) “the ladder was not anchored to the floor or the wall”; 3) there were no other safety devices provided to him and an expert opined that Cutaia should have been given a more stable device

More News & Media Videos

Simmons v. City of New York, et al.:

In the Simmons case, a plumber was injured when a compressor fell a ...

Play Video

Jeffrey White v. 31-01 Steinway, LLC, et al.:

In these kind of cases, it’s not always easy to explain why the worker ...

Play Video

Joseph A. Fedrich v. Granite Building 2, LLC, et al.:

A fire marshal who inspecting the sprinklers can bring a suit under ...

Play Video

Gorque Morocho v. Boulevard Gardens Owners Corp., et al.:

Construction worker wins summary judgment where worker falls from ...

Play Video

Edisson Paguay v, Cup of Tea, LLC, et al.:

We see the court here saying what we’ve explained before – that you ...

Play Video

Ronald Gillett v. City of New York, et al.:

I have handled countless cases over the years where a worker used an ...

Play Video

Matthew McDonnell v. Sandaro Realty, Inc., et al.:

This is a useful case for lawyers because it covers a lot of topics, ...

Play Video

Bobby Jones, et al. v City of New York, et al.:

This case is a mixed bag. The worker injured himself while climbing up ...

Play Video

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

This is an interesting case from the Appellate Division, Second ...

Play Video

John Slawsky v. Turner Construction Co., et al.:

Here the Appellate Division, First Department Court applied a ...

Play Video

Thomas Quigley, et al. v. Port Authority of N.Y. & N.J., et al.:

Here, we have the Court discussing the law regarding one of the most ...

Play Video

Michael Moscati v. Consolidated Edison Co. of NY, Inc. et al.:

This is a very interesting case. In this decision from the Appellate ...

Play Video

Felipe Ramos-Perez v. Evelyn USA, LLC, et al.:

In this case, the construction worker was unloading flooring materials ...

Play Video

Roberto Passos v. Noble Construction Group, LLC., et al.:

This is a case decided by the Second Dept., reversing the trial court ...

Play Video

Sergio Barrios v. 19-19 24th Avenue Company, LLC, et al.:

Another case here from the Second Department appellate court reversing ...

Play Video

David Bonilla-Reyes v. Richard Ribellino, et al.:

In this case, a day laborer was injured after falling 20 feet from the ...

Play Video

Jose Lobo v. Gatehouse Partners, LLC:

This is an interesting case from the Manhattan appellate court that ...

Play Video

Terry Rajkumar v. Mahendralall Lal, et al.:

In this interesting decision, the Brooklyn-based Appellate Court said ...

Play Video

Ivan Gomez v. Kitchen & Bath by Linda Burkhardt, Inc., et al.:

The Second Department appellate court affirmed the trial court’s grant ...

Play Video

Jose Salinas v. 64 Jefferson Apartments, LLC:

This long and interesting decision from the appeals court in Brooklyn ...

Play Video

Jorge Ajche v. Park Avenue Plaza Owner, LLC, et al.:

This is a great case where the construction worker won summary ...

Play Video

Jose Valdez v. Turner Construction Company, et al.:

The worker here was a landscaper who was injured while doing ...

Play Video

Construction Accidents Involving Repairing and Altering:

Todd Dahlia v. S & K Distribution, LLC, et al. (April 24, 2019) Felix ...

Play Video

Paul Demercurio v. 605 West 42nd Owner LLC, et al:

Here is case involving slip and falls on construction sites. The Court ...

Play Video

Curby Toussaint v. The Port Authority of New York and New Jersey, et al.:

In this case, the Appellate Division, First Department granted said ...

Play Video

More Than $500 million In Verdicts & Settlements For Our Clients

The Perecman Firm, P.L.L.C.'s team of NYC personal injury attorneys have recovered more than $500 million in verdicts and settlements for their clients. We understand the financial and emotional toll a serious accident can have on your life. That’s why we dedicate ourselves to maximizing your recovery and securing what you deserve.

See Our Results
  • $40,000,000*
    Medical malpractice. Child's brain damage.
    $15,208,168**
    Construction worker fell from a ladder, jury verdict.
    $9,825,000***
    Construction worker/ laborer fell from the scaffold, jury verdict.
See Our Results

Testimonials

  • “Like Family!”

    - Alyssa O

  • “One of the best decisions I had ever made”

    - Joseph L.

  • “He made a difference for me and my family.”

    - Jose J.

  • “Mr. Perecman had my best interests at heart”

    - Anonymous

  • “I LOVE The Perecman Firm!”

    - Naida M.

View More
  • Please enter your first name.
  • Please enter your last name.
  • Please enter your phone number.
    This isn't a valid phone number.
  • Please enter your email address.
    This isn't a valid email address.
  • Please make a selection.
  • Please enter a message.