Courts Agree: No Violations of New York Labor Law
Marshall Dennehey successfully obtained a decision from the New York Appellate Division, First Department that affirmed the grant of summary judgment in favor of our clients, the City of New York and the New York City Economic Development Corporation. A marine construction worker (dock builder) sustained serious injuries to his cervical spine as a result of being handed down heavy buckets of epoxy from a fellow worker on a barge hundreds of times over a period of several weeks. The plaintiff would receive the epoxy-filled bucket from above, walk along a floating platform on the river and pour the epoxy into a pile that had been driven into the sea bed. The worker filed a complaint alleging violations of the New York Labor Law. The City was the owner of the pier and New York City Economic Development Corporation was the project manager. After discovery closed, we moved for summary judgment, seeking a dismissal of the case against our clients. The lower court granted our motion. The worker appealed, and the Appellate Court affirmed the decision.