Labor Law

Jessica J. Beauvais

Summary Judgment was granted in favor of our clients dismissing plaintiff’s claims asserted under Sections 240, 241(6) and 200 of the New York State Labor Law. Plaintiff alleged that he sustained injury due to fall from ladder as he was changing a light ballast. Defendants demonstrated that plaintiff was not engaged in any enumerated construction activity defined in the statute, and therefore the protections of the Labor Law were no triggered. Further, defendants demonstrated that plaintiff was a borrowed and/or special employee whose claims were barred by the exclusivity provision of workers’ compensation § 29 (6).