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Second Department Holds Plaintiff Entitled to Summary Judgment Pursuant to Labor Law § 240(1) in Falling Concrete Plank Case
A worker was leveling pre-cast concrete planks as part of the construction of a seven-story building in Brooklyn. He was injured when a concrete plank that was being raised by a jack, fell onto one of his hands. The plank that fell on the worker weighed approximately 2,000 pounds.
The injured man sued the owner and the general cont[...]
Second Department Reinstates Worker’s Labor Law § 241(6) Claim in Excavator Bucket Crush Case
The City of New York hired contractors to install sewers along one of the streets on Staten Island. A member of an excavation crew was working about 10 feet below grade level, and within the confines of a steel trench box. He was using hand signals to direct the operator of excavator, in his maneuvering of the excavator bucket. As the man was si[...]
First Department Holds Industrial Code Section Sufficiently Specific to Sustain Labor Law § 241(6) Claim
A demolition worker was injured when his hand came into contact with an angle grinder that he was using to cut through cement. According to the injured worker, on the day of the accident a foreman provided him with an angle grinder that did not have a safety guard, and instructed him to perform his work with this grinder, despite the fact that i[...]
First Department Reverses Lower Court’s Dismissal of Framer’s Labor Law §200 Claim in Trip and Fall Case
An employee of a framing contractor slipped and was injured while carrying a 300-pound framed mirror. While carrying the frame, his foot became caught in a seam between pieces of construction paper laid by a general contractor to protect a newly installed floor during a hotel lobby renovation project. The injured man filed suit against the[...]