Weininger v. Hagedorn & Co

In Weininger v. Hagedorn & Co., 91 N.Y.2d 958 [1998], reargument denied, 92 N.Y.2d 875 [1998] the plaintiff fell from a ladder which he needed in order to pull wiring through a series of holes in a ceiling. The Court of Appeals held that it was error for the trial court to have directed a verdict because "in the circumstances presented, a reasonable jury could have concluded that plaintiffs actions were the sole proximate cause of his injuries and consequently that liability under Labor Law section 240(1) did not attach ." (91 N.Y.2d supra at 960).