The Plaintiff, Tonya Hull had alleged in her lawsuit that she was caused to fall from a roof at the Fieldpoint development in Irvington, New York, while she was working removing debris from the roof and gutter system. The Plaintiff claimed that her work was not routine maintenance, but rather "construction" activity which falls under the protections of the New York State Labor Law (Scaffold Statute) and caused her to sustain ankle injuries as well as economic damages.
Schwab & Gasparini moved for summary judgment seeking dismissal of the claim on behalf of its clients, Fieldpoint Community Association, Inc., and Fieldpoint at irvington II Condominium. We had argued that the Plaintiff was cleaning gutters and removing debris from the roof of the building when she fell to the ground below, and that this activity was not subject to the protections of the New York State Labor Law Sections 240 and 241. The Court agreed, finding that the Statute was not applicable.
The Plaintiff had conceded in their opposition to the motion, that the claim under Labor Law 200 could not survive since the work being performed was directed and controlled by Plaintiff's own supervisor and not the defendants.
As a result, the entire claim was dismissed.
Hull v. Fieldpoint Community Association, Inc. (Westchester County, 2012)
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