DIRECTED VERDICT – LABOR LAW 240 (1) VICTORY (Sanchez)
Jeffrey Van Etten received a Directed Verdict in a Labor Law case in the Supreme Court, Bronx County on April 12, 2023 before the Hon. Mary Anne Briganti after a two day trial. Originally retained to defend our client after plaintiff received summary judgement pursuant to Sec. 240(1) of the Labor Law, Mr. Van Etten initially sought renewal and was successful at both the trial level and on appeal, in reversing that decision and allowing the case to proceed to trial on liability. At trial, Mr. Van Etten established that the accident of the injured party did not occur on our client’s premises, but occurred across the street another building that was undergoing construction at the same time. Specific reference to plaintiff’s testimony that his accident occurred inside the building, in the basement, with comparison to defense testimony and documentation to exterior, Local Law 11 work at our client’s premises, coupled with production of subpoenaed employment records, resulted in the successful dismissal of a case that was once looking to be a damages mitigation exercise. Should you have any questions on the verdict, please contact Mr. Van Etten directly.