Marc A. Nicometi, Appellant-Respondent v. the Vineyards of Fredonia, LLC, Respondents-Appellants…

Summary

The Court held that Labor Law § 240(1) does not apply to the plaintiff’s slip on ice while using stilts because the injury was caused by an ordinary construction‑site hazard, not an elevation‑related risk, and therefore affirmed the dismissal of the claim against Winter‑Pfohl. Chief Judge Lippman dissented, arguing that stilts on ice create the same elevation‑related risk as ladders and that the statute should protect the worker.