Labor Law §240(1) was enacted to protect workers exposed to the hazards of elevation related differentials. Runner v. New York Stock Exchange, 13 N.Y.3d 599, 895 N.Y.S.2d 279 (2009), which we have discussed in previous articles, was an important decision in which the Court of Appeals examined the relevant criteria in determining liability under this statute. It is notable for construing the statute more expansively than some of the Court of Appeals’ prior decisions.
Recently, in Wilinski v. 334 East 92nd Housing Development Fund Corp., 2011 N.Y. Slip Op 07477 (Oct. 25, 2011), the Court of Appeals, in another very significant opinion, abrogated a line of cases which had arbitrarily restricted the scope of the statute.
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