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Summary Judgment for Owners
In Bronx Labor Law Case
John Komar won summary judgment for our client in the case of Defendini v. University Avenue Associates, Bronx County Index # 26647/04. Our clients were an ownership group that developed senior housing in the Bronx. The 40 year old plaintiff, an employee of the general contractor at the construction site, was injured when sheet rock stacked by a delivery contractor fell and struck him, causing a serious leg fracture which required open reduction and internal fixation. In a 62 page written decision granting our motion, Justice Nelson S. Roman of Supreme Court Bronx County adopted John’s persuasive arguments and dismissed all claims and cross claims against our clients. John argued that Section 240 (1) of the Labor Law did not apply since the plaintiff’s alleged injury did not involve a significant height differential. In addition, he argued that plaintiff’s claims under Section 241 (6) of the Labor Law were dismissible because the plaintiff failed to cite any applicable sections of the Industrial Code.
The Court also dismissed plaintiff’s claims under Section 200 of the Labor Law and the common law negligence claims based on John’s arguments that our clients did not supervise the plaintiff’s work, create the condition that caused the injury or have notice of the condition. |
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