News & Blog
Category: Construction Claims
“COME ON EILEEN” LIABILITY UNDER LABOR LAW SECTIONS 240(1) AND 241(6) CANNOT ATTACH TO A TENANT THAT DOES NOT CONTRACT FOR OR DIRECT WORK.
March 27, 2019 Posted By Construction Claims
Rizzo v. 165 Eileen Way, LLC 169 A.D.3d 943, 94 N.Y.S.3d 157 (2nd Dept. 2019) This action was brought by plaintiff for injuries he sustained in a fall from a scaffold while hanging sheetrock to soundproof a wall between a law office and a sports facility, 165 Eileen Way Sports, LLC (“Sports”). After construction of Sports’ facility was completed, the neighboring law office complained to the building owner, 165 Eileen Way LLC (“Owner”), that noise from the facility was disruptive to its business. The Owner rehired the contractor that built Sports’ facility, Rosner Construction LLC (“Rosner”), to soundproof the wall, which was done on Sport’s side. Rosner subcontracted the work to plaintiff’s employer, and it was during this work plaintiff was injured.Read More
March 21, 2017 Posted By Joseph A. French Construction Claims
The First Department long known for being plaintiff-friendly in Labor Law cases, nevertheless overturned a Bronx County justice’s decision in which she denied a scaffold company’s motion for summary judgment.Read More
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.Read More
The Appellate Division, First Department reverses the Lower Court and finds for plaintiff under Labor Law 240 (1) where plaintiff was neither the sole proximate cause of accident or a recalcitrant worker.
November 7, 2016 Posted By Lance E. Benowitz Construction Claims
The Appellate Division, First Department reverses the Lower Court and finds for plaintiff under Labor Law 240 (1) where plaintiff was neither the sole proximate cause of accident or a recalcitrant worker.Read More
October 28, 2016 Posted By Douglas R. Rosenzweig Construction Claims
March 3, 2016 Posted By Lance E. Benowitz Construction Claims
Labor Law § 240(1), also known as The Scaffold Law, imposes absolute liability on contractors and owners for workplace accidents in which a worker is injured as a result of an elevation risk. The duty to supply the necessary security devices is non-delegable.Read More