News & Blog

Category: Construction Claims

Second Department Reverses Queens County Summary Judgment as and to Plaintiff Romero v. Northern Steel, LLC, NYLJ – March 24, 2017

May 1, 2017 • Posted By Joseph A. French • Construction Claims, Insurance Coverage

     Plaintiff filed suit against Northern Steel alleging various Labor Law claims.  He claimed he fell from the top of a scissor lift at a work site Northern Steel owned.  A demolition worker, plaintiff claimed a ceiling beam fell toward him.  When he stepped out of the way, he fell off the scissor lift.  Plaintiff argued the beam should have been secured, and the failure to secure it caused his fall and injuries.  The Lower Court agreed and granted summary judgment to the plaintiff. Read More

Wunderlich v. Turner Construction Company, Safway Services v. LVI Environmental, v. Irwin Seating Company NYLJ, 2/24/17, P. 28

March 20, 2017 • Posted By Joseph A. French • Construction Claims, Insurance Coverage

Defendants appealed from a decision that had denied their motion for summary judgment.  The First Department affirmed the Trial Court’s decision denying the motion on Labor Law §241(6) and §200 grounds.  It did modify the lower Court’s decision, however, and grant the motion addressing the claim for contractual indemnification.

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Defense Verdict in Queens Supreme Court January 25, 2017

January 25, 2017 • Posted By Douglas R. Rosenzwei • Construction Claims, News, Trial Practice

Defense Verdict in Queens Supreme Court January 25, 2017  On Monday, January 23, 2017, we obtained a defense verdict for our clients in Klimowicz v. Powell Cove Associates LLC & AVR Realty Company, LLC.  This was a Labor Law §240 action in which plaintiff, a bricklayer, claimed that he fell through a gap in scaffolding planking on June 20, 2008. Read More

The Appellate Division, First Department continues its expansive reading of Labor Law 240(1).

October 28, 2016 • Posted By Douglas R. Rosenzweig • Construction Claims

In Valente v. Lend Lease (US) Construction LMB, Inc., the Appellate Division, First Department recently affirmed the Trial Court’s granting of plaintiff’s Labor Law 240(1) summary judgment motion, holding that the defendants failed to raise an issue of fact as to whether plaintiff was the sole proximate cause of his accident.  Read More

OWNER LIABILITY UNDER LABOR LAW § 200 EXTENDED TO ADJACENT BUILDING CONSTRUCTION

March 3, 2016 • Posted By Lance E. Benowitz • Construction Claims

In Korostynskyy v. 416 Kings Highway, LLC., (Decided on 02/10/16) the Appellate Division Second Department has seemingly expanded the requirements of owners of buildings under Labor Law §200 to include ensuring the safety of workers on their property from the hazards created during adjacent building construction. Liability under Labor Law §200 codifies the overall common law duty of an owner and general contractor to provide a safe working environment at a construction site. This section requires that for a party to be found liable it must have supervision or control of the injury producing work or that the defendants created or had actual or constructive notice of the alleged unsafe condition that caused the accident. Read More

OSHA Update: New Reporting Requirements

February 23, 2015 • Posted By Paul J. Lee • Construction Claims

Effective January 1, 2015, employers are required by the Occupational Safety and Health Administration (“OSHA”) to report all work-related fatalities within 8 hours and all work-related in-patient hospitalizations, amputations and losses of an eye within 24 hours of finding out about the incident.  Prior to this change, employers were only required to report workplace fatalities and injuries to three or more workers who were hospitalized in the same incident.

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Common Sense Prevails in the Bronx

February 2, 2015 • Posted By Joseph A. French • Construction Claims

Defendants and plaintiff each moved for relief under Labor Law § 240.  The action is a result of injuries sustained by plaintiff John Russell (who died of circumstances unrelated to incident) when he moved the dolly holding rectangular metal posts stacked on it and two posts fell on his foot when he attempted to move the dolly.  Russell’s foreman, Seon Shirley, allegedly witnessed the incident.  They were both employed by United Iron Works, Inc. as sub-contractors on a construction project on a pier.  Shirley signed two affidavits, one for defendants and one for plaintiff.  Supreme Court Justice Thompson found that the affidavits omitted pertinent “averments” that were contained in the other affidavit, but they did not contradict each other.  In a September 30, 2013 affidavit Shirley stated that Russell pulled on a post to move the dolly which dislodged a metal post which fell onto his foot.  In a December 2, 2013 affidavit submitted by plaintiffs, Shirley avers that Russell first tried to move the cart by the handle, but since the cart was too heavy he moved the cart’s opposite side where two metal posts fell on his foot.  In the December 2013 plaintiff’s affidavit no cause for the fall of the metal posts was stated. 

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