Appellate Division Affirms Grant of Summary Judgment Dismissing Plaintiff’s Labor Law Claims

by | Dec 4, 2020 | Case Results, Medical Malpractice | 0 comments

Partners, Barbara D. Goldberg, Michael A. Sonkin, and Matthew M. Frank obtained an affirmance of a grant of summary judgment from the Appellate Division, Second Department, dismissing plaintiff’s Labor Law §240 and §241 claims where the plaintiff, a boiler mechanic, claims to have fallen from a ladder while inspecting a boiler.  Both the Appellate Division and the underlying trial court agreed with our argument that the particular activity plaintiff was engaged in at the time of his alleged injury constituted “routine maintenance” and therefore did not fall into one of the enumerated protected categories for liability under the Labor Law.