In a 3-2 decision The New York Appellate Division, 1st Department affirmed the granting of summary judgment to a construction worker on his 240(1) claim. In Reavely v.Yonkers Raceway Programs, Inc., et al., decided on October 20, 2011, the worker suffered injury while assisting in the installation of a hang…
In a New York construction accident case in which a worker suffered injury when he fell from a scaffold The Court rejected the recalcitrant worker defense. In Mazurett v. Rochester City School District, decided by The New York Appellate Division, 4th Department on October 7, 2011, the construction worker sustained…
In Schick v. 200 Blydenburgh, LLC, et al., 2d Department decided October 4, 2011, the plaintiff sustained injury when he fell from a ladder on which he was standing. The Court set forth the facts as follows; “On March 9, 2007, the date of the subject accident, Pal Supply had…
In Cordeiro v. TS Midtown Holdings, LLC, et al., The New York Appellate Division, First Department on September 15, 2011, granted plaintiffs’ motion for partial summary judgment as to liability on their Labor Law § 240(1) claim. The plaintiff sustained injury while preparing to remove elevator equipment from a building…
This is from a Seminar by The New York State Bar Association on New York Construction Accident Law which was held in 2008. The Seminar was developed by Howard S. Hershenhorn who was the over -all planning chair. The seminar has been held State wide since 2007. It will once…
New York State police confirmed that a 46-year-old Vermont construction worker died of injuries caused sustained in a heavy machinery construction accident. Michael Loyer of South Burlington was working for Trenchless Technologies of New England at a railroad site in Port Kent, New York. The accident occurred while he was…
In THOME v. BENCHMARK MAIN TRANSIT ASSOCIATES, LLC, 4th Dept. July 8, 2011, 2011 N.Y. Slip 5884, The Court denied the plaintiff construction worker’s motion for summary judgment. Plaintiff was standing on a scissor lift and, when he repositioned the scissor lift to perform his work, one of its wheels…
In Losito v Manlyn Dev. Group, Inc., 2011 NY Slip Op 05463, Second Department, June 21, 2011, the plaintiff was required to jump through some hoops but finally prevailed on his cause of action claiming a violation of Section 240(1) of The New York Labor Law. On January 16, 2009…
In KARCZ v. KLEWIN BUILDING COMPANY, INC.,et. al., 4th Department, June 10, 2011, The Court affirmed summary judgment for the plaintiff on his 240(1) claim. The plaintiff had lifted a truss overhead onto the aerial platform of a scissor lift. The truss fell on him causing him to suffer injury.…
In Nascimento v Bridgehampton Constr. Corp., New York Appellate Division, First Department, June 2, 2011, The Court dealt with the oft presented question as to whether a sub-contractor was a statutory agent of the general contractor for purposes of liability pursuant to New York Labor Law Sections 240(1) and 241(6).…