Bendix Obtains Complete Dismissal in Construction Accident Lawsuit

February 3, 2017 | Construction | General Liability

Bruce Bendix obtained summary judgment dismissing the complaint against our client, S.A. Gavish, Inc., in an action where plaintiff alleged that Gavish was a general contractor pursuant to Labor Law Section 240(1) and therefore should be held strictly liable to the plaintiff.  Gavish was the owner’s representative for construction work that was being performed.  The court agreed with our contention that since Gavish, as the owner’s representative, was not authorized to supervise and control plaintiff’s work, it could not be considered a general contractor pursuant to Labor Law Section 240(1).

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