Worker not provided with a safety device awarded summary judgment
In June 2012, a man was injured while he and his coworkers were unloading a bundle of steel reinforcing bars from a flatbed truck in the course of his employment on a construction project managed by the construction company. On the day of his accident, the New York City Department of Buildings issued a partial stop work order due to hoisting bei[...]
Second Department dismisses worker’s Labor Law §241(6) claim, remands his Labor Law §200 claim to the lower court
In September 2010, a construction foreman for a construction project, being undertaken by the City of New York and the New York City Department of Environmental Protection, was injured during his work. The foreman was using a pneumatic pipe plug to pressure test a pipe. According to the injured foreman’s affidavit, he inspected the plug an[...]
Court holds that perimeter warning system is not a proper safety device under Labor Law §240(1)
In November 2008, a male worker of a roofing company was engaged in installing insulation, which required him to work about 1 1/2 feet from the edge of the roof. During the course of the installation, the man fell approximately 40 feet from the roof, which caused his to sustain serious was injuries. The building owner leased it to tw[...]
Appellate court dismisses roadway defect case where there is no prior written notice
In April 2010, a man was driving a motorcycle and allegedly drove over a pothole in a public street in the Village of Hempstead. The man sued the Village of Hempstead to recover damages for personal injuries he sustained as a result of this accident. Once in suit, the defendant Village filed a motion for summary judgment.