Dismissal of Ironworker’s Labor Law Case Upheld Permalink
Associate Attorney Roy Anderson succeeded in dismissing a New York Labor Law personal injury case brought by an ironworker, and then succeeded in having the decision upheld by the Appellate Division, Second Department. The incredible result of a Labor Law dismissal by motion, and its affirmance on appeal, was made even more incredible due to the fact the plaintiff ironworker was injured by falling into an open ditch on a construction site.
In ruling for the Firm’s clients – a general contractor and owner - the Second Department held that good, clear deposition testimony submitted on the motion proved the inapplicability of Sections 200, 240(1), and 246 of the Labor Law, thereby warranting dismissal.
The case is Reyes v. Astoria 31st Street Developers, Index No. 7856/2015.