Scaffold Law (Labor Law 240(1)) Held Not Applicable to Lessee Where Window Washer is Injured

In Ferluckaj v. Goldman Sachs & Co., — N.E.2d —-, 2009 WL 856304, 2009 N.Y. Slip Op. 02483(decided April 02, 2009), the Court of Appeals declined to apply the New York Scaffold Law(Labor Law 240(1)) to a worker who was injured while cleaning an interior window as part of the preparation of new office space leased by Goldman Sachs & Co. The worker fell off a desk on which she was standing while cleaning the inside of an office building window.

The Court found that Goldman did not hire plaintiffs employer to clean the window and that Goldman exercised … Read the rest