Outar v. City of New York

In Outar v. City of New York, 5 NY3d 731 [2005] a Transit Authority worker was injured when a previously stored, but unsecured, dolly fell off a bench wall that was approximately 5 1/2 feet high. The defense had argued that, since the dolly was not in the process of being hoisted or secured, section 240(1) was not applicable. In unanimously affirming the judgment in the plaintiff's favor, the Court held: "The elevation differential between the dolly and plaintiff was sufficient to trigger Labor Law 240 (1)'s protection, and the dolly was an object that required securing for the purposes of the undertaking" (Outar at 732.)