Contractor Defense and Fall-Protection Evidence: Giordano v. Tishman

Reviewed September 7, 2026.

In Giordano v. Tishman Construction Corp., 152 AD3d 470 (2017), the First Department held that factual disputes prevented summary judgment for either side on the Labor Law claims at issue.

A worker fell approximately 30 feet after stepping onto a scaffold brace that gave way. Although he wore a harness and double lanyard, the parties disputed whether adequate anchorage points were available and whether he could remain tied off throughout the work. Those questions also prevented resolution of the sole-proximate-cause argument as a matter of law.

Preserve usable evidence

For owners and contractors defending a claim, a statement that a harness was supplied does not complete the analysis. Preserve the equipment, anchorage information, site photographs, work instructions, training records and witness accounts, while addressing immediate safety needs.

This historical decision did not dismiss the worker's case or eliminate statutory liability. It illustrates why the actual protection available and the circumstances of the task matter. Coverage notice and contractual risk-transfer issues should be addressed promptly alongside the defense.

Kushnick Pallaci PLLC assists clients throughout New York with construction litigation and contractor defense. Contact 631-752-7100 or vtp@kushnicklaw.com.

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