New York Court of Appeals Determines Interesting Labor Law section 240(1) Appeal and Further Clarifies Blake

The New York Court of Appeals today decided Abbatiello v. Lancaster Studio Associates, which involve a cable technician who fell off a ladder while performing maintenance on equipment attached to the owner’s property. The owner had no knowledge that the plaintiff was called to the property because a tenant had inquired about the cable service. The Court held that Section 240(1) of the Labor Law did not apply to the plaintiff because (1) there was no nexus between the owner and the plaintiff; and (2) the plaintiff was performing routine maintenance when he fell from the ladder. The Abbatiello Court also clarifies its recent, prior Labor Law decision in Blake v. Neighborhood Housing Servs. of N.Y.C.

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