Justice Erika Edwards

Lo sued defendants for personal injuries sustained after falling from scaffolding nearly three feet off the ground when it collapsed under him. He moved for partial summary judgment in his favor on liability on his cause of action under Labor Law §240 against F&F as the premises' owner. Lo argued defendants failed to provide him with adequate safety protections and F&F, as owner, had an absolute liability for his injuries. The court agreed finding Lo showed he was entitled to partial summary judgment for liability on his §240(1) claim against F&F, while F&F failed to raise any material issues of fact disputing Lo's claims through any admissible evidence. It noted if questions remained if Lo was employed by SCK Team Work at the time of the incident were irrelevant to F&F's absolute liability as the site's owner. The court found Lo demonstrated F&F was the site owner and violated the statute by failing to provide him adequate protective devices to prevent him for falling, which was the proximate cause of his injuries. Thus, he showed he was injured while performing work of an elevation-related hazard to which §240(1) applied, establishing F&F breached a non-delegable duty. Hence, Lo's motion was granted.