Ferrero v. Best Modular Homes, Inc.
The Appellate Division, Second Department, affirmed the Supreme Court’s decision granting summary judgment to our client. Plaintiff, a part time employee of co-defendant Lawn Ranger, Inc., was cutting down trees in order to clear a lot for the construction of a new home. Our client, Best Modular Home, was retained by the property owners to erect a modular home at the site. Plaintiff’s accident occurred when he was working on a ladder which was leaning against a tree. The tree collapsed causing plaintiff to fall in excess of twenty (20) feet to his death. We successfully argued that plaintiff was not engaged in an activity protected under Labor Law 240(1) or 241(6) at the time of the accident.