Gordon v. Eastern Railway Supply

In Gordon v. Eastern Railway Supply (82 NY2d 555 [1993]), the plaintiff fell from a ladder while using a sandblaster to a clean a railroad car owned by GATX Capital Corp. Defendant Eastern Railway owned the property upon which the accident took place, but argued that (1) it leased the property to plaintiff's employer, and (2) it neither contracted to have the work performed nor was the work performed for its benefit. The Court of Appeals found that both Sections 240(1) and 241(6) of the Labor Law provide that the statutory duty is nondelegable, and that the specific language of Labor Law 240(1), following its amendment in 1969, "does not require that the owner exercise supervision or control over the worksite before liability attaches. . .liability rests upon the fact of ownership and whether Eastern had contracted for the work or benefitted from it are legally irrelevant" (Gordon, 82 NY2d at 560). The Gordon Court further rejected Eastern Railway's claim that since it was not the owner of the "structure" (i.e., the railroad car), it could not be held liable for plaintiff's injures, finding that "the very presence of the structure on its property was the direct result of Eastern's actions and established a sufficient nexus for liability to attach to it as an owner'" (Id.).