Landlord Didn't Violate Scaffolding Law

Facts: A construction company worker was injured while moving radiators from tenant's apartment to the building's sub-basement storage room at the direction of the building's superintendent. The worker claimed he was hurt when pulling a radiator and hand truck up three steps onto a narrow landing in the basement. He lost his footing and fell backward. Worker claimed landlord didn't provide a protected work environment as required by the scaffolding law, by not providing any ladders, hoists, or other bracing. Landlord claimed that scaffolding or other support wasn't an issue in this case. Both sides asked the court for a decision without a trial. Court: Landlord wins. The permanent stairway on which worker fell wasn't a device governed by the scaffolding law. Although landlord was required to provide proper and necessary equipment for handling heavy or unwieldy objects, worker didn't claim that hoisting the load had caused the accident. So, any lack of scaffolding, hoists, or bracing wasn't the issue.

Cuomo v. 1035 Fifth Avenue Corp.: NYLJ, p. 21, col. 4 (8/4/93) (Sup. Ct. NY; Lebedeff, J)