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SG obtained summary judgment in October of 2023 in Rockland County.
Plaintiff commenced an action seeking to recover for significant personal injuries, including a left wrist fracture and medial ulnar displacement followed by surgery involving open reduction internal fixation, allegedly sustained in a fall from a chair while painting an apartment unit. SG represented the cooperative complex where the apartment unit was located.
While the plaintiff claimed that the subject accident was caused by violations of various sections of the New York State Labor Law, SG successfully argued in its motion papers through competent admissible evidence that SG’s client did not supervise or control the plaintiff’s work and that all of the tools and equipment used by the plaintiff were provided solely by his employer to support a dismissal of his Labor Law § 200 claim. SG further argued that Labor Law § 240(1) claim was inapplicable given that SG’s client was not an “owner” and the plaintiff was not engaged in any enumerated activity as a covered person under this statute. Finally, SG successfully argued Labor Law § 241(6) should be dismissed given the plaintiff’s failure to cite to any Industrial Code section to support this Labor Law claim.
Partner Louis U. Gasparini led a team of attorneys in successfully defending SG’s client and obtaining a dismissal of the action at summary judgment stage.
Syracuse
109 South Warren Street
Suite 306
Syracuse, NY 13202
Phone: 315-422-1333
Fax: 315-671-5013
White Plains
222 Bloomingdale Road
Suite 200
White Plains, NY 10605
Phone: 914-304-4353
Fax: 914-304-4378
Hudson Valley
1441 Route 22
Suite 206
Brewster, NY 10509
Phone: 914-304-4353
Fax: 914-304-4378
Albany
17 Elk Street
Albany, NY 12207
Phone: 518-591-4664
Fax: 315-671-5013
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