SR&A Obtains Summary Judgment in New York Labor Law Case
Martin Adler has obtained summary judgment dismissing the plaintiffs complaint, based on the New York State Labor Law, in a New York County case. Plaintiff, an electrician, alleged to have slipped and fallen in October 1999, on cutting oil leaking from a pipe threading machine located within a building undergoing renovation, sustaining serious internal injuries which have left him unable to work since the date of the incident. He alleged violations of New York Labor Law 200 and 241(6) as well as common law negligence claims. SR&A represented a steamfitter subcontractor on the project.
We successfully argued that there was no evidence that the machine belonged to our client, and that there was no evidence that our client created or had actual or constructive notice of the leaking oil condition, since the accident occurred on a weekend when our client was not present on the job site.
The Court found that even though there were questions of fact as to the ownership of the machine, we successfully established that our client did not create or have actual or constructive notice of the condition, and that the evidence submitted in opposition failed to establish the existence of any material issues of fact. decisions.courts.state.ny.us .PDF