New York Court of Appeals
Arlene Toefer, as Coguardians of Eric Casey, Appellants v. Long Island Rail Road, Respondent and Third-Party…
April 5, 20054 N.Y.3d 399
Summary
The Court affirmed the dismissal of Labor Law § 240(1) claims in both Toefer and Marvin, holding that falls from flatbed trucks only four to five feet high do not present the elevation‑related risk the statute protects against, and also affirmed the dismissal of the Labor Law § 241(6) claim in Toefer because the applicable regulations do not require a hoist or crane in that circumstance.