Summary Judgment Under New York State Labor Law
Obtained summary judgment in a maritime case, dismissing the plaintiff’s complaint and the defendants’ cross-claims against The City of New York and the New York City Economic Development Corp. (NYCEDC). The suit was for personal injuries sustained to a dock builder. The City is the owner of the East River Ferry Landing’s Project at a pier on East 34th Street in Manhattan. The NYCEDC acted as The City’s project manager. Suit was brought under the New York State Labor Law Sections 240, 241(6) and 200, as well as common law negligence. As to the Labor Law 240(a) (known as the Scaffold Law), the court determined that this section did not apply to the facts of this case as the plaintiff’s alleged injury (caused by the repetitive nature of receiving buckets of epoxy, which were lowered down to him from a barge, and then carried the buckets across a float stage and poured the epoxy into pile jackets) was only tangentially related to gravity and was not caused by the kind of gravity-related risks that Labor Law 240(1) intended to cover. As to the plaintiff’s Labor Law 200 and common law negligence claims, plaintiff’s counsel had previously conceded during oral argument that there was no basis to proceed with such claims against The City and NYCEDC. Lastly, with respect to the plaintiff’s Labor Law 241(6) claims, the plaintiff did not oppose our motion to dismiss that claim.