http://www.courts.state.ny.us/reporter/3dseries/2008/2008_08197.htm

Does Labor Law section 240, otherwise known as the scaffolding law, apply when a plaintiff falls through a permanent structure such as a roof? The issue was recently decided by a New York appellate court in Jones v. 414 Equities, LLC., where the court dismissed plaintiff’s section 240 claim and adopted a forseeability test. Using the forseeability test, courts will first determine whether there was any indication prior to the accident that the work surface would collapse or was in any way weakened. If there is no foreseeable risk of a floor collapse, then the plaintiff’s claims should be dismissed.