NY Labor Law 241(6)

by

In Addonisio v. City of New York, the Appellate Division, First Department modified the trial court’s ruling and vacated the dismissal of plaintiff’s Labor Law § 241(6) claim against the City of New York and his Labor Law § 200 and common-law negligence claims against Con Ed.  It affirmed, however, the dismissal of plaintiff’s Labor Law §…

Read More Electrocuted Worker Can Continue Suit Against the City of New York and Con Edison
Share This:
by

In Kruk v City of New York, the Appellate Division, First Department, on December 19, 2013 unanimously affirmed the lower court’s order granting summary judgment dismissing plaintiffs’ claim under Labor Law § 241(6). Plaintiff was injured while using a power saw, when “the plywood he was cutting broke, pushing his left hand into the saw’s blade.”…

Read More Labor Law 241(6) Claim Dismissed; Power Saw Had Necessary Protective Guards
Share This:
by

In Mutadir v. 80-90 Maiden Lane Del LLC, a construction accident case, the Appellate Division, First Department modified a lower court order and reinstated plaintiff’s Labor Law § 240(1) claim, but affirmed the dismissal of plaintiff’s Labor Law § 241(6), common-law negligence, and Labor Law § 200 claims. The accident: Plaintiff, a carpenter employed by…

Read More Carpenter Injured After Falling From Milk Crates May Continue Claims Under Labor Law § 240(1); Labor Law §§ 200 and 241(6) Claims Dismissed
Share This:
by

Condominium or co-op?  This distinction, familiar to purchasers of New York City real estate, was recently the basis for a notable decision in New York Labor Law jurisprudence. This week the New York Court of Appeals clarified the meaning of the term “owner” in Labor Law § 241(6).  In Guryev v. Tomchinsky, it held that…

Read More Condominium & Related Entities Were Not Labor Law § 241(6) “Owners”
Share This:
by

Salazar v. Novalex Contracting Corp., et al., 2011 NY Slip Op 08446 (Nov. 21, 2011) illustrates the “common sense approach” that must be employed when analyzing Labor Law 240(1) and 241(6) claims. P and his fellow workmen were directed to pour and spread concrete over the floor of a basement which contained trenches into which…

Read More NY Court of Appeals Holds No Labor Law 240(1) or 241(6) Liability Where Protective Measure Would Have Been Inconsistent With Work
Share This:
by

In Wilinski v. 334 East 92nd Housing Development Fund Corp., 2011 NY Slip Op 07477 (Oct. 25, 2011), the New York Court of Appeals vitiated the so-called “same level” rule that had embedded itself in New York Labor Law § 240(1) jurisprudence, and construed a Labor Law § 241(6)-triggering regulation. P, who was engaged in the demolition of…

Read More Court of Appeals Repudiates Labor Law § 240(1) “Same Level” Precedent and Construes a Labor Law § 241(6)-Triggering Regulation
Share This:
by

Montes v. Collins Enterprises, LLC et al., No. 106308/08 (NY Sup. July 8, 2011): Plaintiff, an employee of a non-party subcontractor, sustained injuries when he “stepped on a round wooden doorknob” in a room of an apartment where he was working.  Plaintiff alleged violations of Labor Law §§ 200, 240(1), and 241(6) against the owner and…

Read More NY Supreme (NY Cty.): Worker injured after slipping on doorknob at worksite may proceed on Labor Law § 241(6) claim based on Industrial Code § 23-1.7(e)(2)
Share This:
by

St. Louis v. Town of North Elba, 16 N.Y.3d 411 (March 31, 2011):  Court of Appeals upheld denial of summary judgment to defendant property owner. Plaintiff maintenance worker was injured when a section of pipe fell on him after being released by a “hydraulic-operated clamshell bucket attached to the bucket arm of a front-end loader”,…

Read More NY Court of Appeals: Function, Not Name, of Injury-Causing Machine Dictates Appropriateness of Industrial Code Section Forming Basis for Labor Law 241(6) claim
Share This: