FKB’s Andrew Kowlowitz and Salvatore Lapetina successfully obtained summary judgment and dismissal of plaintiff’s claims against FKB’s client, a plumbing contractor, in Queens County Supreme Court.

In its motion for summary judgment, FKB successfully argued, among other things, that plaintiff could not sustain any claims against FKB’s client as a matter of law. Plaintiff alleged that while performing work at a construction site, he was caused to fall from a ladder. Plaintiff alleged violations of New York’s Labor Law §§ 200, 240(1), and 241(6), as well as general negligence claims against FKB’s client. The Court agreed that FKB submitted admissible evidence establishing, among other things, that FKB’s client did not supervise or control the work that allegedly caused plaintiff’s accident. FKB successfully argued, and the Court agreed, that plaintiff could only speculate that there were triable issues of fact. Accordingly, plaintiff’s complaint was dismissed as 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.