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Shencavitz v. Sugimoto

'Scaffold Law' Inapplicable Where Injury Sustained While Ascending Sailboat's Mast

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MEMORANDUM OF DECISION & ORDER Plaintiff Robert Shencavitz (“Shencavitz”), a sailboat rigging technician, while effecting repairs on a sailboat owned by defendant Yuji Sugimoto (“Sugimoto”), struck his head on radar equipment while ascending via pulley along the vessel’s mast. Sugimoto had no role in supervising or directing the repairs, which were being performed by a boat yard at which Shencavitz worked. A curious application of a provision of New York Labor Law, which provides strict liability against owners for failure to provide proper safety equipment for work done “at elevation,” presents an interesting issue in resolving Sugimoto’s motion for summary judgment. FACTS The material facts are entirely undisputed. Sugimoto’s sailboat, called the “Yumi III,” is a 2005 42′ Beneteau sailing yacht equipped with two bathrooms, a full kitchen, air conditioning and sufficient furnishings to sleep six people. Docket Entry (“DE”) 16,

1-5. On March 21, 2017, while the sailboat was moored and maintained at Willis Marine Center, from which Sugimoto purchased the craft, the boatyard conducted repairs and maintenance of the sailboat’s rigging in anticipation of installing an “inner forestay.” Id.

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