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Construction Accidents

From Rubino v. 330 Madison Co., LLC, 2017 NY Slip Op 04210 (App. Div. 1st Dept. May 25, 2017): The court properly granted plaintiffs’ motion for partial summary judgment on the Labor Law § 241(6) claim as against appellants. It is undisputed that violations of Industrial Code (12 NYCRR) § 23-1.13(b)(3) and (4) proximately caused […]

In Vera v. Low Income Mktg. Corp., 2016 NY Slip Op 08318 (App. Div. 1st Dept. Dec. 13, 2016), a personal injury/construction accident case, the court explained its decision to grant plaintiff’s, and deny defendant’s, motion for summary judgment. At issue was plaintiff’s status. From the decision: The motion court properly granted plaintiffs’ motion for partial summary […]

In Goodwin v. Dix Hills Jewish Ctr., 2016 NY Slip Op 07293 (App. Div. 2nd Dept. Nov. 9, 2016), a construction accident case, the court held that plaintiff established a violation of New York Labor Law § 240(1). It therefore modified a lower court order denying plaintiff’s, and granting defendant’s, motion on that issue. Here are the […]

A recent decision, Joseph v. City of New York, 2016 NY Slip Op 06649 (App. Div. 1st Dept. Oct. 11, 2016), illustrates the limitation of New York Labor Law 240(1), which imposes strict liability in certain construction-related accidents. From the decision: Plaintiff Lindy Joseph was struck by a pipe while it was being flushed clean with […]

In Ocana v. Quasar Realty Partners L.P., 2016 NY Slip Op 01902 (App. Div. 1st Dept. March 17, 2016), the court unanimously affirmed an order granting plaintiff’s motion for partial summary judgment on the issue of liability on his Labor Law § 240(1) cause of action. From the decision: Plaintiff made a prima facie showing of his […]

In Domaszowec v. Residential Mgmt. Grp. LLC, No. 16697, 2016 WL 208299 (N.Y. App. Div. Jan. 19, 2016), the First Department held that the plaintiff was entitled to summary judgment on her Labor Law § 240(1) claim. Labor Law § 240(1), the so-called “Scaffold Law”, provides in pertinent part: All contractors and owners and their […]

In O’Brien v. Port Auth. of N.Y. & N.J. (App. Div. 1st Dept. Sept. 8, 2015), the Appellate Division, First Department held that plaintiff – an operating engineer at the World Trade Center Freedom Tower construction site – was entitled to summary judgment on his claim under Labor Law § 240(1). Plaintiff was injured when he “slipped […]

In Caceres v. Standard Realty Assoc., Inc. (App. Div. 1st Dept. Aug. 25, 2015), plaintiff worker was injured when he fell from a ladder. The appellate court reversed the lower court and granted plaintiff summary judgment on liability on his claim under New York Labor Law § 240(1) (the so-called “scaffold law”). Here are the facts […]

New York Labor Law § 240(1) is a formidable statute that, when applicable, holds “contractors and owners and their agents” absolutely liable for certain injuries sustained by construction workers. The statute’s reach, however, is not absolute. By its terms, Labor Law § 240(1) affords protection to workers engaged in the “erection, demolition, repairing, altering, painting, cleaning or pointing […]

In Strojek v. 33 E. 70th St. Corp. (App. Div. 1st Dept. May 14, 2015), a personal injury / construction accident case, the Appellate Division, First Department unanimously affirmed partial summary judgment on the issue of liabilty for plaintiff on his Labor Law § 240(1) cause of action. The court held: Plaintiff established his entitlement to judgment as a matter of […]