Romero v. Verizon New York

Labor Law

New York Law Journal


Justice Saliann Scarpulla

Verizon moved for summary judgment dismissing Romero's complaint in this action to recover damages for personal injuries. Romero cross-moved for partial summary judgment on the issue of liability under Labor Law §240(1) after she fell from a ladder while working at Verizon's premises. Verizon's watch engineer noted he was unaware Romero was using a rolling ladder, stating he did not instruct her on how to use one, and that she could have used an A-frame ladder. Employer Dynaserv's manager noted Romero did not inform him she was working alone, or that she was climbing a rolling ladder, stating she was not authorized to do so by herself, even if asked to do so by a Verizon employee. Dynaserv cross-moved for summary judgment dismissal contending Romero's claims did not fall within the protection of the Labor Law as she was not involved in construction or renovation activity at the time of her fall. The court agreed, finding the general context of Romero's work did not encompass activity protected under §240(1), dismissing the claim. It also dismissed §200 and negligence claims noting, there was no evidence Verizon exercised actual supervision or control over Romero's work. Thus, Verizon's and Dynaserv's motion were granted.

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