Richman, Bushwack and LiPetri Obtain Summary Judgement in Labor Law CaseSeptember 20, 2018 |
David Richman, Jacqueline Bushwack and Michael LiPetri obtained summary judgment on behalf of a NYC land owner in a lawsuit where plaintiff alleged injuries flowing from a construction-related incident when plaintiff fell from a height while in the process of disposing bulk debris.
Plaintiff alleged violations of Labor Law 240(1), 241(6) and 200.
Bronx County Supreme Court, Justice Lucindo Suarez dismissed the Labor Law 240(1) claim finding that plaintiff’s actions were the sole proximate cause of his injuries. It was undisputed that plaintiff did not ask for help nor did he use any of the safety equipment available to assist him. Likewise, the Court noted that the task plaintiff was performing at the time of his incident, i.e. disposing of debris into a dumpster, was not at an elevation.
As to the Labor Law 241(6) claims, the Court found that the only disputed Industrial Code Violations were those regarding “falling hazards” and “safety railings.” Plaintiff failed to raise an issue of fact as to either violation. Finally, as to Labor Law 200, the Court found that plaintiff failed to provide any admissible evidence to raise an issue of fact demonstrating that the owner created or had actual notice of any defective condition.
- Jacqueline (Mecchella) Bushwack