In Timmons v. Lynx Constr. Corp., Supreme Court, Bronx County held that the plaintiff was entitled to partial summary judgment on his Labor Law sec. 240(1) claim.  The affidavit that the plaintiff submitted indicated that while he was in the attic installing insulation, he went over the top of the duct he was wrapping, came down on the other side and fell on an "uncovered and unprotected" glass skylight in the fifth floor ceiling.  He went through the glass and landed on the floor approximately twelve feet below. There was no planking over the skylight opening and no guards or other protective devices over or around the opening at the time of his fall.

In holding that sec. 240(1) applied, the Court reasoned that the plaintiff was working at a elevated height because there was a 12-foot distance between where he was required to work and the floor below.  I find the holding curious and, although sec. 240 is supposed to be broadly applied, I do not think this type of height differential is one contemplated under the statute.  The type of protections listed in the statute do not accord with requiring covering a skylight with planks.