Labor Law

Safety Devices And Proving Labor Law §240(1) Claims (NY)

I have fallen and can’t get up! Now what? When a plaintiff brings a Labor Law §240(1) claim for injuries sustained from falling through an unprotected opening, he or she must prove that they were exposed to an elevated related risk during construction and must present evidence as to which specific and identifiable safety device would have prevented the fall. Labor Law §240(1) imposes a...Read More

Court Rejects GC’s Summary Judgment Motion on Additional Insured Issue (NY)

In Gemini Insurance Company v. Certain Underwriters at Lloyd’s, et al. New York County Supreme Court examined whether a general contractor was entitled to additional insured coverage from a plaintiff’s employer, who was a third-party defendant in the underlying personal injury action. Hernandez, an employee of Source, was injured while working at a jobsite.   Hernandez sued CM...Read More

Gravity Induced Accidents Only: Clarity on Labor Law §240(1) (NY)

Robert Shencavitz v. Yuji Sugimoto is an interesting personal injury action. Plaintiff – a sailboat rigging technician – sought recovery under New York Labor Law §240(1) (i.e., the Scaffold Law) for damages sustained when his head was struck on a sailboat’s radar equipment while ascending via pulley along the vessel’s mast. The issue on Defendant’s summary judgment motion was whether...Read More

Don’t Be Shocked by Denial of Labor Law 240(1) (NY)

The New York Supreme Court, Kings County has recently held that if a plaintiff is doing non-electrical work at a construction job site but touches live electrical wires and then falls from a height after being electrocuted, that plaintiff is not entitled to summary judgment pursuant to Labor Law 240(1). In Synysta v. 450 Partners LLC, the plaintiff, a painter, was on a Baker’s scaffold and was...Read More

A Synysta Labor Law Case (NY)

Volodmyr Synysta v. 450 Partners LLC, NY Slip Op. 50508(U), 2021 WL 2213821 (Kings County, May 20, 2021) is a Labor Law action. Plaintiff brought Labor Law §§240(1), 241(6), 200, and common law negligence claims against various parties for injuries sustained after falling from a scaffold at a construction site. In the instant motion, Plaintiff sought summary judgment on his §§ 240(1), 241(6)...Read More

Tall Objects Don’t Mean 240 Protection (NY)

In Lemus v. New York B Realty Corp, the Appellate Division, Second Department reaffirmed that a plaintiff is not entitled to judgment as matter of law under Labor Law §240(1) simply because the plaintiff’s accident occurs as a result of working with a large and/or tall object. In this matter, the plaintiff demonstrated that he was employed as a worker on a construction site and was directed to...Read More

Disrupting New York’s Labor Law (NY)

Labor Law 240, often referred to as the Scaffold Law, was passed in 1885 to enforce various safety protocols to prevent slips and falls for construction workers working at heights. Court rulings interpreting the Scaffold Law imposed little responsibility on injured employees, making it difficult for employers to cite comparative negligence to avoid liability. The Scaffold law, which creates an...Read More

NY Court Of Appeals Hints That “But Everyone Was Doing It” May Rebut Labor Law Defense of Sole Proximate Cause (NY)

In Biaca-Neto v. Boston Rd II Hous Dev Fund Corp.,the New York Court of Appeals’ recent ruling offers some insight into how courts will rule regarding sole proximate cause defenses in New York Labor Law cases. Under section 240(1) of the New York Labor Law, construction workers who are injured at job sites can recover if the injury is the direct consequence of a failure to provide adequate...Read More

Labor Law in the Time of COVID-19 (NY)

Will plaintiffs be able to pursue claims under the New York Labor Law if they contracted COVID-19 and developed serious complications after working at a construction job site?  Although it is highly likely the plaintiff’s bar will attempt to use Labor Law §200 or §241(6) to make out violations against owners and general contractors for these types of claims, it is unclear if these attempts...Read More

Labor Law Liability Imposed Against Catholic Church (NY)

New York’s Labor Law, section 241(6), imposes a nondelegable duty upon an owner and general contractor to provide reasonable and adequate protection and safety for workers and to comply with the specific safety rules and regulations promulgated by the Commissioner of the Department of Labor.  Ortega v Roman Catholic Diocese of Brooklyn is a prime example of how strict this rule is. In that...Read More