Tackling a discussion he called “long overdue,” Justice Nelson Roman (See Profile) of the Appellate Division, First Department, said yesterday in a concurring opinion that a “gravity-related risk” for purposes of New York’s Labor Law arises only when an accident is foreseeable as a result of failing to provide a worker with a safety device.
The case, Fabrizi v. 1095 Avenue of the Americas, 108280/08, involves an injury suffered by an electrician who was working on remodeling office space for Dechert LLP, which is also a defendant in the case.
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