Nov 1st, 2022

FKB’s ANDREW KOWLOWITZ AND SALVATORE LAPETINA OBTAIN SUMMARY JUDGMENT AND DISMISSAL OF LABOR LAW § 240(1) CLAIM ON BEHALF OF CONTRACTOR


FKB’s Andrew Kowlowitz and Salvatore Lapetina successfully obtained summary judgment and dismissal of plaintiff’s Labor Law § 240(1) claim against FKB’s client, a concrete contractor, in the Queens County Supreme Court.

In its motion for summary judgment, FKB successfully argued, among other things, that the earth ramp upon which the plaintiff allegedly fell while carrying equipment did not constitute an elevation or gravity-related risk of injury as contemplated by Labor Law § 240(1). Plaintiff alleged that while performing concrete foundation work, he was caused to slip and fall on a foreign substance while traversing an inclined earth ramp, causing the equipment he was carrying to fall on him. In coming to its conclusion, relying on deposition testimony and expert affidavits, the Court found that FKB established that the earth ramp and alleged foreign substance causing injury was not an elevation or gravity-related risk within the ambit of § 240(1). Accordingly, the Court dismissed plaintiff’s § 240(1) claim against FKB’s client.

If you have any questions about this decision, or the defense of labor law actions in general, please contact Andrew Kowlowitz or Salvatore Lapetina.