Affirmance Achieved in Dismissal of All Claims in New York Labor Law Matter

We successfully achieved affirmance of the trial court’s decision to dismiss all claims against a property owner and designer in a New York labor law matter. The plaintiff was injured when he fell from a ladder stacked atop a bakers scaffold while performing renovation work on a four-story brownstone. The 16-foot ladder and the scaffold were provided by his employer—the general contractor—and set up at his employer’s discretion. The plaintiff filed an action against the owner of the property and the designer, alleging violations of various labor law claims, including labor law Sections 240(1), 241(6) and 200. The defendants’ motion for summary judgment, seeking a dismissal of all claims, was filed after the plaintiff’s depositions but before any of the defendants were deposed and with extensive discovery outstanding. The plaintiff opposed the motion and cross moved to compel further discovery. The Supreme Court granted the defendants’ motion for summary judgment, dismissing all claims as the property owners qualified for the owner and two-family dwelling exception to the labor law. The trial court held that the defendants did not direct, supervise or control any of the plaintiff’s activities. Therefore, according to the affidavit, the single-family home exception did not apply. After oral argument, the Appellate Division affirmed the trial court’s decision with costs.