Nancy Lewis and Kevin McCardle won summary judgment for their client, a roofing contractor, for a claim for personal injuries made by an employee of an alleged subcontractor. The Court agreed with the firm’s arguments that plaintiff’s Complaint violated the specificity requirements of CPLR 3013, because the Complaint misidentified, conflictingly identified, and never actually and specifically identified, the location of his alleged accident. Moreover, the Court agreed that even if plaintiff could accurately identify the location of his accident, plaintiff had failed to establish that their client was the general contractor on the project, and further, that Plaintiff could not establish defendant contractor’s liability pursuant to Labor Law Sections §§ 240(1), 241(6), 200 and/or common law negligence. The Court accepted Fleischner Potash’s contentions (1) that plaintiff’s own conduct, as opposed to any Labor Law § 240(1) violation, was the proximate cause of his accident, (2) that plaintiff failed to establish that defendant violated any specific safety provision of the Industrial Code of the State of New York, such that it could be liable pursuant to Labor Law § 241(6), and finally, (3) that there could be no liability under Labor Law § 200 or at common law because it was uncontroverted that defendant did not supply the plaintiff with any of his tools or equipment, or direct, supervise or control the manner and/or methods in which he performed his work.
To learn more about this result or other ways that Fleischner Potash can help your claims team, please contact Daniel Stewart at email@example.com
A copy of the order granting summary judgment can be found here:DOCS-1954054-v1-Order_Decision_dated_January_9__2020