Cohen v. Memorial Sloan-Kettering Cancer Center

In Cohen v. Memorial Sloan-Kettering Cancer Center, 11 N.Y.3d 823, the plaintiff fell when, while descending a ladder, his foot became wedged in between the second wrung of that ladder and an unconnected metal pipe protruding from the wall. The Court of Appeals reversed the First Department's decision granting summary judgment in favor of the plaintiffs, because the protruding unconnected pipes were a separate hazard wholly unrelated to the risk which brought about the need for the ladder. The Court of Appeals holding in Cohen is limited to the facts, to wit: the ladder was an adequate safety device for Cohen to perform his elevation-related task, and Cohen's injury arose from the protruding pipe, which was simply "one of the usual and ordinary dangers of a construction site."