New York Partner Prevails on Construction Labor Law Case in Bronx County
Plaintiff was an hourly laborer who worked for a construction contractor hired by our client, a commercial property owner. Plaintiff sustained severe injuries when 25-30 pieces of sheet rock fell on him while performing construction work at a mixed commercial-residential property that is owned by our client. Following the accident, the plaintiff required multiple surgeries, including an open reduction and internal fixation of hardware.
Sean moved to dismiss all applicable Labor Law causes of action including Sections 240(1), 241(6) and 200. Specific to Labor Law 240(1), which is an absolute liability statute, Sean argued that the statute was not applicable since the falling sheet rock were not the type of special hazard warranting the extraordinary protection afforded under the statute. He based his argument on the fact that the sheet rock were not in the process of being hoisted, or the type of activity that required securing for the purpose of the undertaking, as required for the action to fall within the ambit of Labor Law 240(1).
Plaintiff’s attorney filed his own summary judgment motion pursuant to Labor Law 240(1). The Court adopted all of Sean’s arguments and dismissed the case in favor of our client.
Sean H. Chung, a partner in the New York office, focuses his practice on the defense of commercial property owners, officers and managers on a wide range of claims including premise liability, employment liability and construction-related claims.