ADDITIONAL CASES 230 Park South Apartments, Cross-Claimant and Third-Party Plaintiff v. S.M. Construction & Contracting, Incorporated, Cross-Defendant, Remodel art Corp. and Alin Vadanuta, Third-Party Defendants 230 Park South Apartments, Fourth-Party Plaintiff, v. Ian Reisner, IR Holdings LLC, Parkview Developers LLC, Fourth-Party Defendants OPINION & ORDER On December 3, 2021, this Court considered cross-motions for summary judgment by Plaintiff, Gergely Csikos, and Defendant, 230 Park South Apartments (the “Building”), on Plaintiff’s claims for negligence and breach of New York Labor Laws §§200, 240(1), and 241(6).1 This Court granted Defendant’s motion for summary judgment as to Plaintiff’s negligence, §200, and §241(6) claims, but denied the cross-motions for summary judgment as to Plaintiff’s §240(1) claim. Dkt. 184. Plaintiff has now filed a motion for reconsideration, pursuant to Rule 59(e) of the Federal Rules of Civil Procedure and Local Civil Rule 6.3, of the Court’s December 3, 2021, Order denying summary judgment on the §240(1) claim (the “Order”). Dkt. 187. Plaintiff argues that this Court overlooked certain case law that holds that premises owners have a duty to properly secure ladders and to ensure they remain steady throughout use; that there is no minimum ladder height requirement for injured employees to obtain relief under §240(1); and that, even if the use of a ladder is unnecessary, a worker’s decision to use a ladder does not remove him from the ambit of §240(1) protections. Dkt 188. The Building opposes Plaintiff’s motion. Dkt. 191. For the reasons discussed below, Plaintiff’s Rule 59(e) motion for reconsideration is DENIED. BACKGROUND The Court assumes familiarity with its prior opinions issued over the course of this litigation and will summarize only the most pertinent facts. On October 19, 2018, Plaintiff sued 230 Park South Apartments (the “Building”) and others for negligence and breach of New York Labor Laws §§200, 240(1), and 241(6). See Compl. (Dkt. 1)
51-60. Plaintiff claims he was injured when he fell off a ladder on June 25, 2018, while working for Remodel Art Corporation (“Remodel”) at 230 Central Park South, a building owned by Defendant 230 Park South Apartments. Pl. 56.1 Stmt. (Dkt. 167) Ex. 8
