Guillory v. Nautilus Real Estate, Inc

In Guillory v. Nautilus Real Estate, Inc. (208 AD2d 336 [1995]) the First Department stated that: Section 240 (1), however, requires that contractors and owners shall provide ladders and other devices "placed as to give proper protection" ... The purpose behind this provision is to protect workers by placing the ultimate responsibility where it belongs, on the owners and general contractors ... In a case where a worker fell from the fourth or fifth step of a ladder while sandblasting a railroad car, it was held that a prima facie showing of 'elevation-related risk' under the statute had been made (Gordon v. Eastern Ry Supply, 82 NY2d 555, 561, 626 N.E.2d 912, 606 N.Y.S.2d 127). The Court of Appeals noted that the "'core'" objective of section 240 (1), the prevention of the fall, was not met and concluded that Gordon was within the protection of the statute. Similarly in Perry v. National Structures (192 AD2d 1136, 596 N.Y.S.2d 284) the general contractor was held liable pursuant to Labor Law 240(1), the Court noting that plaintiff had fallen while working at an elevated site in the absence of adequate safety devices.