New York Construction and Labor Law

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In the world of personal injury litigation, perhaps no claim is more difficult to defend than one brought under the incredibly burdensome New York State Labor Law Statutes. Almost any accident on a construction site, especially those involving elevation-related hazards,  may subject owners, general contractors and subcontractors to liability and, in some cases, absolute liability. The defense must focus on defeating liability, transferring risk and reducing the damages claim.

The attorneys in Marshall Dennehey's New York Construction and Labor Law Practice Group devote almost the entirety of their practices to New York Labor Law litigation. Our team has decades of experience handling the most complex construction site accident cases throughout the state. From issues involving contractual indemnification and insurance coverage to the ever-evolving application of Labor Law 240, our attorneys remain at the forefront of this rapidly changing area of law.

Representing  public and private owners and developers, general contractors, construction managers and all manner of subcontractor trades, our attorneys defend claims arising out of all aspects of the construction industry. These include claims involving the use of scaffold systems, shoring, demolition and heavy machinery in industrial, commercial and residential projects.

Our attorneys are familiar with the full range of construction business practices, management and field personnel, and record-keeping procedures which help yield a cost-efficient and strategic defense. With a proactive and aggressive approach, the team anticipates issues and potential problems with ready and creative solutions. Marshall Dennehey's construction litigators are experienced in successfully resolving New York Labor Law cases through mediation or motion practice and, when necessary, provide a vigorous defense at trial.
 
Marshall Dennehey's New York Construction and Labor Law Practice Group serves clients in the five boroughs of New York City and throughout the state of New York.
 

Read_Peter
Peter S. Read, Chair

The New York Appellate Division, First Department held that there are triable issues of fact relating to a Labor Law § 240 claim involving injuries occurring on the ground floor.

New York
New York Construction and Labor Law
The plaintiff, a security system installer, attempted to move a stack of sheetrock boards leaning against a wa Case Law Alerts, 4th Quarter, October 2022 is prepared by Marshall Dennehey to provide information on recent developments of interest to our readers.
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NY Court of Appeals held that claims asserting violation of workplace safety statutes does not impose non-delegable duty to the owner.

New York
New York Construction and Labor Law
The plaintiff, an employee of Skanska, was struck by a power buggy while operating a rebar-bending machine. A worker who was not trained to operate the buggy drove it a short way before losing control and crashing into the plaintiff. Case Law Alerts, 3rd Quarter, July 2022 is prepared by Marshall Dennehey Warner Cole
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Claims dismissed in complex New York Labor Law case.

New York Construction and Labor Law

We obtained summary judgment in a complex New York Labor Law case. Our client was the construction manager on the site of a library construction. ​The plaintiff, a painter, fell when the ladder upon which she was working allegedly twisted. Our client argued it was not a “contractor” under the Labor Law and its contract specifically stated he was not responsible for the method and means of work performed by prime contractors.

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Summary judgment in New York Labor Law case

New York Construction and Labor Law

We represented a plumbing subcontractor in a case venued in Supreme Court, Bronx County. ​The plaintiff alleged he sustained serious neck and back injuries as a result of falling pipes.

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New York Labor Law case dismissed.

New York Construction and Labor Law

We obtained summary judgment in New York County in a case where the plaintiff, a construction laborer, was struck by a rolling dumpster and sustained severe crush injuries to his left foot and leg. The plaintiff, the dumpster company and the subcontractors alleged our general contractor client was responsible for overall site safety. After obtaining billing and work records for the project, the client confirmed that it did not have any involvement in the project, and we moved for summary judgment.

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Court Dismisses Plaintiff’s Labor Law Section 200 Claim and Numerous 241(6) Industrial Code Violations.

New York Construction and Labor Law

We were granted partial summary judgment in a Labor Law case venued in the New York Supreme Court, Bronx County. The plaintiff was installing new floors in a large residential building in Manhattan that was owned by our client. The project involved a large-scale renovation of a penthouse and several lower levels. During the renovation, the plaintiff fell through an opening in the floor and sustained injuries to his knee and back. The plaintiff moved for summary judgment under New York Labor Law Section 240(1). We cross-moved for summary judgment, seeking a dismissal of all claims.

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Plaintiff's New York Labor Law Claims Are Dismissed.

New York Construction and Labor Law

We obtained partial summary judgment in the New York Supreme Court, Queens County. The plaintiff fell from a ladder while scraping the walls of a building. The plaintiff brought New York Labor Law claims against the owner of the building, whom we represented. The plaintiff filed a motion for summary judgment in which he requested the granting of his Labor Law claim. Dean filed a cross-motion for summary judgment, seeking dismissal of the plaintiff’s claim. The court granted Dean’s motion.

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