In Grabowski v. Consolidated Edison Company, the plaintiff was injured when he fell from a wooden bench that was used to provide access to a work trailer. The door to the trailer was two to three feet off the ground and the seat of the bench was midway between the door and the ground. The plaintiff moved for summary judgment arguing that the defendants violated Labor Law § 240 (1) and the defendants cross-moved to dismiss the 240 (1) cause of action. The lower court granted the plaintiff’s motion. On appeal the Appellate Division reversed, holding that the bench that the plaintiff fell from was used as a stairway for the trailer and did not fall within the purview of Labor Law § 240 (1).

Thanks to Ed Lomena for his contribution to this post.

http://www.courts.state.ny.us/reporter/3dseries/2010/2010_03277.htm