Nalvarte v. Long Island University (2017)

The plaintiff in this construction accident case placed a ladder on top of a scaffold and subsequently fell.  Plaintiff argued that the was entitled to summary judgment under Labor Law § 240(1) because he was not provided with adequate safety equipment and, therefore, was forced to place al adder on top of a scaffold.  On appeal, the Appellate Division, Second Department held that the plaintiff was not entitled to summary judgment as defendants raised a question of fact as to whether plaintiff was the sole proximate cause of his accident. In making this finding, the Second Department adopted MLN’s argument that plaintiff’s skill and experience should be considered when a court is determining if a plaintiff’s actions are the sole proximate cause of an accident.