DSB obtained summary judgment dismissing all claims against the client under Labor Law 200, 240, and 241. Plaintiff alleged that he fell from a ladder that was defective because one of the legs of the ladder was bent. We were able to show the Labor Law did not apply to the client as she was entitled to the homeowner’s exception. However, we also needed to show that the client was not negligent in providing the professional roofer a defective ladder, which we accomplished through careful questioning of what plaintiff observed at each step of his work. Ultimately, we proved that the defect was not present until after the alleged fall, and that nobody had notice of any weakness in the ladder before the accident.
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