SUMMARY JUDGMENT GRANTED DISMISSING LABOR LAW CLAIMS AS PLAINTIFF WAS NOT ENGAGED IN PROTECTED ACTIVITY (Castaneda v. Amsterco 67 LLC, et.al.)

Anthony Lugara and Jeffrey Van Etten successfully obtained summary judgment dismissing claims under Sections 240(1) and 241(6) of the Labor Law in an action where the injured plaintiff fell from a ladder and into a pit while at our client’s building as he was inspecting and re-attaching pigeon netting that had loosened after its initial installation several weeks earlier. By carefully detailing the specifics of the work, we effectively established that it did not constitute a significant physical change to the configuration or composition of the building or structure, and that plaintiff was replacing components that required replacement in the course of normal wear and tear. The Court agreed, and found that plaintiff was not engaged in activity protected by the Labor Law because re-attaching the pigeon netting was neither an “alteration” or repair”. Should you have any questions on this successful defense action, please contact Mr. Lugara directly.