In Jones v. 414 Equities LLC (57 AD3d 65, 74, 866 N.Y.S.2d 165 [1st Dept 2008]), the First Department engaged in a lengthy discussion about whether a worker's fall through a permanent floor that collapsed involved an elevation-related risk contemplated by Labor Law 240(1). After surveying the caselaw across the Appellate Divisions, the First Department clarified the foreseeability test in the context of Labor Law 240(1) claims: Our conclusion that liability under section 240 (1) under these circumstances requires a showing that the collapse of the floor was foreseeable does not effectively consign plaintiff to the remedies he would have in any event under general principles of negligence. The issue of foreseeability in this context is relevant only with respect to whether the plaintiff was exposed to an elevation-related risk, and only where the elevation-related risk was not apparent from the nature of the work such that the defendant would not normally be expected to provide the worker with a safety device to prevent the worker from falling. (Id. at 79-80)