Dennis Dozis and Dejan Kezunovic defeated plaintiff's motion for summary judgment as to liability on plaintiff's Labor Law 240(1) claim on the grounds that plaintiff was acting as a volunteer, rather than a covered worker, when he allegedly fell while painting a fire escape ladder. The order extends the limited line of precedent carving out exceptions to the strict statutory liability that section 240(1) imposes on owners and contractors in New York State. The win came by way of motion practice without substantial discovery in the Supreme Court, Bronx County.
