APPELLATE WIN – LABOR LAW § 240(1) [SANCHEZ]
Jeffrey Van Etten and David Contino obtained a unanimous Decision and Order from the Appellate Division, First Department affirming the lower court’s decision granting renewal and reversing a prior award of summary judgment to the injured construction worker. The First Department agreed that defendant’s presented sufficient, new non-available evidence to warrant renewal and denial of summary judgment to plaintiff and that a reasonable basis was provided for the delay in securing the new evidence. This decision will allow our client to fully defend liability at trial in April, 2023.
Should you have any questions on this successful appeal, please contact Mr. Kutner or Mr. Dombrowski directly.