MOLLER v. CITY OF N.Y

Plaintiff worker was in the process of hoisting a two-ton structural piece from an elevated height to a platform. Before the piece could be placed and stabilized on the platform, the hoisting mechanism failed, causing injury to the worker. Under these circumstances, it is evident there was a violation of section 240 (1) ( see e.g. Boyle v 42nd St. Dev. Project, Inc., 38 AD3d 404). We further note the absence of evidence that the worker's conduct was the sole proximate cause of the accident.