James Connors Obtains Summary Judgment In Labor Law Matter
summary judgement granted
Congratulations to partner Jim Connors who won summary judgment dismissing the complaint in a Queens County matter brought against an owner alleging negligence and violation of the onerous New York Scaffold Law under Labor Law 240(1) as well as violations of Labor Law 200 and 241(6). The plaintiff sought recovery after allegedly being struck by a falling object while performing remediation work in an interior office space. Jim argued that the work of removing damaged sheetrock under shelving affixed to a structure did not present a risk of injury from a physically significant height differential as required under Labor Law 240 and that water damage remediation did not trigger the application of Labor Law 241(6), since it did not meet the definition of “demolition” in the statute. The Court agreed and dismissed the complaint which alleged that the plaintiff sustained serious and permanent injuries and was totally disabled from future employment.
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