Cioffi v. Target Corp.
Peter Cioffi, an employee of Communication Technology Services (CTS), was injured after falling from a ladder while working at a Target store. He and his wife sued Target Corporation and related entities (the Target defendants), alleging, among other things, a violation of Labor Law § 240 (1). The Supreme Court initially denied the defendants' motions for summary judgment to dismiss this claim, but later, upon reargument, granted them. The Appellate Division reversed the Supreme Court's reargument decision, thereby reinstating the original denial of summary judgment against the Target defendants. The court found that it could not be determined as a matter of law that the injured plaintiff's conduct was the sole proximate cause of the accident or that he was a recalcitrant worker, nor was the activity unprotected under Labor Law § 240 (1).