NY Labor Law/Wrongful Death
In this wrongful death action, the decedent fell from a ladder while working at a construction project. The decedent claimed that he borrowed the ladder from our client, the carpentry subcontractor at the project. After the completion of discovery, we moved for summary judgment on behalf of our client in which we sought dismissal of plaintiff's Labor Law § 200, 240(1) and 241(6) claims on the grounds that the carpentry subcontractor was not an owner, general contractor or an agent of the owner or general contractor. In addition, we argued that plaintiff could not establish a prima facie case of negligence against our client. The Supreme Court, New York County, agreed with our position and dismissed all claims against our client, as well as all cross-claims asserted by the co-defendants. The Appellate Division, First Department unanimously affirmed the decision.
Rice v. West 37th Group, Inc., 913 N.Y.S.2d 13 (1
st Dep't 2010)