Falling Worker – Pospis Law, PLLC

June 25, 2014 by mjpospis

Falling Carpenter Entitled to Summary Judgment on Labor Law 240(1) Claim

In Jerez v. Tishman Constr. Corp. of N.Y. (decided June 24, 2014), the Appellate Division, First Department held that plaintiff was entitled to summary judgment on his Labor Law § 240(1) claim: Plaintiff, a carpenter, made a prima facie showing of his entitlement to judgment as a matter of law on the issue of defendants’ liability under Labor Law…

Injured Carpenter Entitled to Summary Judgment on Liability, Where Supervisor Instructed Worker Not to Use Appropriate Scaffold

In DeRose v. Bloomingdale’s Inc., the Appellate Division, First Department held that plaintiff was entitled to partial summary judgment on liability on his Labor Law § 240(1) claim. While this case is but one data point in the ocean of Labor Law § 240(1) case law, it underscores the important point that a worker should not pay…

Defendant’s Failure to Secure Steel Beam Results in Summary Judgment for Plaintiff on Labor Law 240(1) Claim

In Bisram v. Long Island Jewish Hospital, a recent construction accident case, the Appellate Division, First Department affirmed the lower court’s decision to grant plaintiff’s motion for summary judgment on his Labor Law § 240(1) claim, but modified the decision and granted defendants’ motion as to plaintiff’s claims based on Labor Law § 200 and certain claims…