Labor Law

ELIEZER CABAN v. 1691 FULTON AVENUE HOUSING DEVELOPMENT FUND CORPORATION et al, Docket No. 2019-4699
                  
First Department affirmed trial court decision granting summary judgment in favor of our clients dismissing plaintiff’s complaint asserting causes of action under Sections 240, 241(6) and 200 of the New York State Labor Law. Despite plaintiff’s contention on appeal that court below erroneously deemed the Labor Law inapplicable to his fall from ladder accident, the First Department held that plaintiff failed to rebut defendants’ prima facie showing that plaintiff was not involved in an enumerated construction activity as defined by the statute, i.e., changing a light ballast, to trigger the protections of the Labor Law and his recovery was limited to workers compensation.