Bushwack, Schlosser and Romeo Obtain Partial Summary Judgment

Jacqueline Bushwack, Brian Schlosser and Jason Romeo obtained partial summary judgment dismissing plaintiff’s claims pursuant to Labor Law 240(1) and 241(6) in an action involving a construction worker bending rebar on a large construction site in Manhattan.

While plaintiff articulated a laundry list of Industrial Code violations, the Rivkin team was successful in developing evidence, by way of deposition testimony and affidavits of other construction workers, to establish that none of the Industrial Code provisions claimed were applicable. Their motion for summary judgment effectively transformed the case from being one implicating violations under the Labor Law to a general negligence case.

This action is pending in Kings County Supreme Court.