Madigan v. United Parcel Service, Inc.
Plaintiff Arthur J. Madigan sustained injuries after falling from a reinforcing rod cage while working on a UPS delivery facility construction, leading him to file a Labor Law § 240 claim. The Supreme Court initially denied his motion for partial summary judgment and granted the defendants' cross-motion to dismiss the claim. However, the appellate court reversed this decision, finding that the plaintiff's work involved a significant elevation-related risk, thereby making Labor Law § 240 applicable. The court also dismissed the defendants' arguments regarding the unwitnessed nature of the accident, the availability of safety devices, and instructions not to walk on the cages. Furthermore, it established that UPS, as the overseeing entity and parent company of Newbany, was liable under the statute. Consequently, the appellate court unanimously reversed the lower court's order, granted the plaintiff's motion for partial summary judgment, and denied the defendants' cross-motion.