NY Labor Law Case Won by Motion for Summary Judgement
Obtained summary judgment on behalf of an owner and tenant where plaintiff alleged violation of Labor Law §§ 240(1), 241(6) and 200 when he fell off a ladder at the premises. The plaintiff claimed that the defendants violated these Labor Law sections in failing to provide him with a secure ladder and adequate safety devices while he was working on the alarm system at the premises. Defendants contended that the activity that the plaintiff was performing constituted maintenance and not repair of the alarm system and therefore was not an activity covered under the Labor Law. Defendants further contended that the plaintiff was the sole proximate cause of the accident by taking and using a ladder from the premises without the permission of the owner or tenant instead of using a ladder from the service truck that he brought to the premises Plaintiff's motion for summary judgment under Labor Law §240(1) was denied and the defendants' motion for summary judgment dismissing all Labor Law and common law claims was granted.