Appellate Division Affirms Dismissal of Plaintiff’s Labor Law and Negligence Claims

Partners Wendy Cardali and Stuart Glass won summary judgment dismissing Plaintiff’s claims in a case where plaintiff fell through an opening of an elevated mezzanine during a construction project. Plaintiff suffered extensive facial fractures and deformities, dental injuries, and a traumatic brain injury.

The Suffolk County Supreme Court’s decision recited verbatim the arguments from our motion papers, and denied the summary judgment motions of plaintiff and the co-defendant.  The Court agreed there was no basis to support plaintiff’s negligence and Labor Law section 200 claims against our client, a subcontractor on the project. The claims under Labor Law sections 240 and 241(6) were also dismissed, in favor of our client who was neither an owner, general contractor, or statutory agent. Finally, the common law indemnification claim against our client was dismissed based on the active negligence of the owner.

On Appeal, the Second Department affirmed the dismissal of plaintiff’s  negligence and Labor Law claims against our insured, but reinstated the cross claim made by the owner for common law indemnification.  Liability would only attach to our client upon a finding of 100% of fault.  As a result, we successfully negotiated a settlement where co-defendant paid 92% of the multi-million dollar settlement.

A copy of the decision and jury verdict report published in the New York Law Journal can be found here: