Co-op Lessees Exempt from Scaffold Law Liability

January 1, 2011

LVT Number: #23115

A worker sued his employer and cooperative shareholder-tenants after he was injured by a fall from a scaffold while working in tenants' apartment. Tenants claimed that they weren't responsible and asked the court to dismiss the case against them. The court ruled for tenants. There was no proof that tenants were negligent. And Labor Law Section 240(1) bars actions where the accident occurred in a one- or two-family dwelling. For purposes of the law, a co-op apartment is a one-family dwelling.

A worker sued his employer and cooperative shareholder-tenants after he was injured by a fall from a scaffold while working in tenants' apartment. Tenants claimed that they weren't responsible and asked the court to dismiss the case against them. The court ruled for tenants. There was no proof that tenants were negligent. And Labor Law Section 240(1) bars actions where the accident occurred in a one- or two-family dwelling. For purposes of the law, a co-op apartment is a one-family dwelling.

Sigal v. Brokaw: Index No. 11839/2006, NYLJ No. 1202476735198 (Sup. Ct. Kings; 12/6/10; Schneier, J)

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