Firm News

SG Wins Summary Judgment on a Labor Law Case

SG obtained summary judgment in October of 2023 in Rockland County.

Plaintiff commenced an action seeking to recover for significant personal injuries, including a left wrist fracture and medial ulnar displacement followed by surgery involving open reduction internal fixation, allegedly sustained in a fall from a chair while painting an apartment unit. SG represented the cooperative complex where the apartment unit was located.

While the plaintiff claimed that the subject accident was caused by violations of various sections of the New York State Labor Law, SG successfully argued in its motion papers through competent admissible evidence that SG’s client did not supervise or control the plaintiff’s work and that all of the tools and equipment used by the plaintiff were provided solely by his employer to support a dismissal of his Labor Law § 200 claim. SG further argued that Labor Law § 240(1) claim was inapplicable given that SG’s client was not an “owner” and the plaintiff was not engaged in any enumerated activity as a covered person under this statute. Finally, SG successfully argued Labor Law § 241(6) should be dismissed given the plaintiff’s failure to cite to any Industrial Code section to support this Labor Law claim.

Partner Louis U. Gasparini led a team of attorneys in successfully defending SG’s client and obtaining a dismissal of the action at summary judgment stage.

-Jay S. Campbell, Louis U. Gasparini

Tue Nov 28 2023, 9:09am