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

Summary

The Court of Appeals 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 hazard unrelated to the elevation‑related risk the statute protects, and therefore granted summary judgment dismissing the claim against Winter‑Pfohl. Chief Judge Lippman dissented, arguing that stilts on ice create an elevation‑related risk and the statute should apply.