Montes-Vidal v. New York State Thruway Authority (2025)

Introduction

The Appellate Division, Second Department’s decision in Montes-Vidal v. New York State Thruway Authority, 238 A.D.3d 1131 (2025) delivers a significant clarification on the scope of owner liability under New York Labor Law §§ 200, 240(1), and 241(6). The claimant, an ironworker employed by the design-builder Tappan Zee Constructors, LLC (“TZC”), sustained injuries after slipping on concrete debris on a scaffolding platform while working beneath the Tappan Zee Bridge. He sued the Thruway Authority (“Authority”)—the owner—alleging statutory violations.

The Court of Claims granted summary judgment to the Authority and denied the claimant’s cross-motion. The Appellate Division affirmed, holding that owner liability under the three principal Labor Law provisions did not attach because:

1. adequate safety devices (harness, retractable yoyo, ladders) were furnished (defeating § 240[1]),
2. the Industrial Code sections relied on (§ 241[6] with 12 NYCRR 23-1.7[e][1], [f]) were inapplicable, and
3. the Authority exercised no supervisory control and did not create the dangerous condition (defeating § 200).

Summary of the Judgment

Affirming the lower court, the Second Department held:

• Labor Law § 240(1): No liability lies where the worker is provided with adequate safety equipment and fails to show it was defective or inadequate.
• Labor Law § 241(6): The cited Industrial Code subsections targeted passageways and access routes. Because claimant slipped on a work platform (not a passageway) and ladders were readily available, the provisions did not apply.
• Labor Law § 200: Absent evidence that the owner controlled the work or created/failed to remedy a hazard, the owner is not liable.
• CPLR 3212 timeliness: Although claimant’s cross-motion was late, it was considered on the merits because it mirrored the Authority’s timely motion—yet still failed.

Detailed Analysis

1. Precedents Cited and Their Influence

• Von Hegel v. Brixmor Sunshine Sq., 180 A.D.3d 727 (2020) and Caiazzo v. Mark Joseph Contr., 119 A.D.3d 718 (2014): reiterated that § 240(1) imposes an “absolute, non-delegable” duty on owners but only when the statutory violation proximately causes the injury. Montes-Vidal applies this standard to find no violation where safety devices exist.
• Hossain v. Condominium Bd. of Grand Professional Bldg., 221 A.D.3d 981 (2023): furnishes the two-prong test (violation + causation) for § 240(1). The court invoked this test and saw claimant fail on both prongs.
• Sanchez v. BBL Constr. Servs., 202 A.D.3d 847 (2022) & Carranza v. JCL Homes, 210 A.D.3d 858 (2022): outline § 241(6) pleading requirements (specific Industrial Code provision + causal link). Montes-Vidal applies these cases to dispose of inapplicable code sections.
• Chiarella v. NYS Thruway Auth., 230 A.D.3d 463 (2024) and Seepersaud v. City of New York, 38 A.D.3d 753 (2007): define when 12 NYCRR 23-1.7(f) (access stairways/ramps) applies. The court analogized Chiarella to find ladders were adequate access.
• Ross v. Curtis-Palmer Hydro-Elec. Co., 81 N.Y.2d 494 (1993); Ortega v. Puccia, 57 A.D.3d 54 (2008); and Wilson v. Bergon Constr., 219 A.D.3d 1380 (2023): form the backbone for § 200 analysis—no liability absent supervisory control or notice. Montes-Vidal follows this reasoning.
• Sammy Props. v. Al Saleh Assoc., 225 A.D.3d 815 (2024) and Sikorjak v. City of New York, 168 A.D.3d 778 (2019): allow late cross-motions that mirror timely motions. The court nevertheless denied the claimant’s cross-motion on the merits.

2. The Court’s Legal Reasoning

Where safety equipment is provided, the plaintiff bears the burden of showing that it was inadequate or absent and that the inadequacy caused the accident.

1. Section 240(1): Adequate Safety Devices.
   The Authority showed that harnesses, a retractable lifeline (“yoyo”), and ladders were provided. Claimant offered no admissible proof that these devices failed or were improper. Thus, the “gravity-related” risk was sufficiently addressed, and no statutory breach occurred.
2. Section 241(6): Inapplicability of Code Provisions.
   • 12 NYCRR 23-1.7(e)(1) governs passageways; the platform was not a passageway.
   • 12 NYCRR 23-1.7(f) mandates stairways/ramps unless “ladders or other safe means” are provided. Ladders existed and workers were instructed to use them; thus, subsection (f) could not support liability.
3. Section 200: No Supervision or Creation of Defect.
   The Authority retained only a traditional owner’s role—monitoring progress, not directing means or methods. TZC controlled the work and created/maintained the platform. The Authority neither created the debris nor had notice of it.
4. CPLR 3212 Timeliness.
   Even though claimant’s cross-motion was untimely, it was entertained under the “nearly identical grounds” exception. The identical factual record, however, favored the Authority, so denial was warranted.

3. Impact on Future Litigation

• Design-Builder Relationships. Owners who delegate all construction/demolition operations through design-build contracts can rely on Montes-Vidal to limit exposure, provided they do not control day-to-day work or create hazards.
• § 240(1) Defense Strategy. Demonstrating provision of standard fall-protection and access equipment can defeat “absolute” liability when the worker cannot identify defect or failure.
• Narrow Reading of Industrial Code. Plaintiffs must match factual circumstances precisely to Industrial Code sections; mis-categorizing a work surface as a “passageway” will be fatal.
• Procedural Considerations. While courts may reach untimely motions mirroring timely ones, Montes-Vidal confirms that doing so does not rescue a losing argument. Merits still prevail.

Complex Concepts Simplified

• Labor Law § 240(1) (“Scaffold Law”): Imposes strict liability on owners/contractors for elevation-related injuries unless the worker had proper safety devices and used them.
• Labor Law § 241(6): Makes owners liable for violations of specific, concrete provisions of the Industrial Code—not for generalized unsafe conditions.
• 12 NYCRR 23-1.7(e)(1) vs. (f):
  • (e)(1) – keeps passageways clear of tripping hazards.
  • (f) – requires proper means of access (stairs/ramps or ladders).
• Design-Builder Contract: A single entity (TZC) both designs and constructs, relieving the owner of direct supervisory roles.
• “Retractable Yoyo”: A self-retracting lifeline that keeps tension on the lanyard, limiting fall distance.

Conclusion

Montes-Vidal v. New York State Thruway Authority crystallizes the modern boundaries of owner liability in New York construction accidents:

1. Provision of commonly accepted fall-protection devices and access ladders can negate § 240(1) claims when no defect is shown.
2. Industrial Code sections must squarely fit the factual scenario; platforms ≠ passageways.
3. An owner’s passive oversight or contractual ownership of the premises is insufficient for § 200 liability without evidence of supervisory control or creation/notice of the hazard.
4. Late summary-judgment motions mirroring timely ones will be reviewed, but the merits remain decisive.

Going forward, defendants can invoke Montes-Vidal to curb expansive readings of Labor Law liability, while plaintiffs will need meticulous proof of equipment defects, supervisory control, and precise Industrial Code violations. The decision thus stands as a pivotal reference point in New York’s ever-evolving construction safety jurisprudence.