Kennedys secures full Appellate reversal of New York Labor Law 240 and 241 claims

Jay Hamad and Dean Aronin obtained an Order from the Second Department that reversed the Supreme Court’s Decision and dismissed Plaintiff’s New York Labor Law section 240(1) claim. The Order from the Appellate Division also reversed the Supreme Court’s Decision and dismissed Plaintiff’s New York Labor Law section 241(6) under New York State Industrial Code Section 23-1.8(a).
 
They substituted in as counsel of record for the owner and general contractor of a construction project after Plaintiff’s motion for summary judgments was fully submitted. In order to protect the clients’ interest, they immediately filed the appeal before the Second Department. They undertook a detailed evaluation and developed new theories and new arguments on appeal that secured a full reversal of the lower Court’s Decision.
 
The New York Supreme Court, Kings County issued a Decision finding that there was strict liability against the Owner and General Contractor under New York Labor Law section 240. The Supreme Court also determined that the Owner and General Contractor were strictly liable under New York Labor Law section 241 finding that there was a violation under the New York State Industrial Code. After oral argument and perfecting the appeal, the Appellate Court determined that Plaintiff’s claim did not meet the purview of a falling object under New York Labor Law section 240. The Appellate Court also determined that there was no violation under the Industrial Codes as the codes cited were inapplicable. The Appellate Court dismissed Plaintiff’s strict liability causes of action under New York Labor Law 240 and New York Labor Law 241.