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Sinai v. Luna Park Hous. Corp.
Citation: 2022 NY Slip Op 05968Docket: Index No. 159910/16 Appeal No. 16527 Case No. 2021-04268
Court: Appellate Division of the Supreme Court of the State of New York; October 25, 2022; New York; State Appellate Court
Original Court Document: View Document
Marino Sinai filed a lawsuit against Luna Park Housing Corporation and others after sustaining injuries while working on the restoration of a building's façade. The incident occurred when a coworker moved the mechanical scaffold, resulting in Sinai's foot being crushed against a metal bar of a mast climber scaffold. Sinai claims that the scaffold's tower should have been protected by a mesh enclosure to prevent such accidents. The Supreme Court of New York County initially ruled on April 20, 2021, denying the defendants' motion for summary judgment aimed at dismissing Sinai's common-law negligence and Labor Law claims. The Appellate Division, First Department, upheld this decision on October 25, 2022, affirming that issues of fact remain regarding whether the unguarded mast climber tower constituted a dangerous workplace condition, and whether the defendants had knowledge of this condition. The court noted that the integral-to-the-work defense, which argues for the dismissal of Labor Law claims if a safety measure would hinder the work itself, did not apply here. The record indicated that a protective enclosure could have been installed before the accident. Disputed expert affidavits raised questions about potential violations of Industrial Code provisions regarding scaffolding safety and whether these violations contributed to the accident. However, certain provisions of the Industrial Code were deemed inapplicable or not indicative of a nondelegable duty. The Appellate Division's order is marked as final, emphasizing the unresolved factual issues concerning workplace safety and liability.