NY Labor Law

Thomas F. Maher

Plaintiff fell from a ladder during the course of a construction project. As a result of the accident, plaintiff sustained injuries to his neck and back as well as an ankle injury that required surgical repair. The owner of the development where the construction was being performed is a large corporation which operates under multiple business names. Defendants moved for summary judgment on the basis that plaintiff’s claims against the named defendants were barred by Section 11 of the New York Worker’s Compensation Law. Plaintiff argued that summary judgment should be denied as documents submitted to the Worker’s Compensation Board listed plaintiff’s employer as an entity other than the named defendants. In granting defendants’ motion for summary judgment, the court concluded that the evidence submitted by defendants clearly established that the named defendants were both the property owner and the plaintiff’s employer.