Charles Reginald Montgomery, Jr.,
Federal Express Corporation, et al.,
Universal Services Group, Ltd., Third-Party Defendant, Fortune Interior Dismantling Corp., Third-Party Respondent.
2005 NY Int. 53
The order of the Appellate Division should be affirmed with costs.
Plaintiff, who was employed as a helper by an elevator
Rather than go and get a ladder, plaintiff and Mazzei climbed to the motor room by standing on an inverted bucket. When he left the motor room, plaintiff jumped down to the roof, injuring his knee in the process.
We agree with the Appellate Division that, since ladders were readily available, plaintiff's "normal and logical response" should have been to go get one. Plaintiff's choice to use a bucket to get up, and then to jump down, was the sole cause of his injury, and he is therefore not entitled to recover under Labor Law § 240 (1) ( Blake v Neighborhood Hous. Servs. of N.Y. City,Inc., 1 NY3d 280 ).