Andrew Kaye Secures Dismissal of all Labor Law Claims in Ladder Tip Over Case in Supreme Court, Rockland County

Andrew Kaye, a Partner in our New York Labor Law construction practice, successfully secured dismissal of all Labor Law claims in a ladder tip-over case in Supreme Court, Rockland County.

Plaintiff, a refrigerator mechanic, was using a ladder while tending to our insured’s commercial freezer when the ladder tipped over. Plaintiff alleged violations of Labor Law §§ 240(1), 241(6), 200, and common law negligence.

Through discovery, including a video of the accident, we developed defenses addressing the specific allegations and claims asserted by Plaintiff. Following discovery, Plaintiff moved for summary judgment on his Labor Law § 240(1) claim, arguing that the ladder had fallen over. We moved for dismissal of all claims. The Court granted our motion in its entirety.

In support of our position for dismissal of the Labor Law § 240(1) claim, we argued that Plaintiff was performing routine maintenance at the time of the accident. Highlighting Plaintiff’s admissions that he was inspecting the freezer pursuant to an oral monthly maintenance agreement, the Court held that Plaintiff was performing routine maintenance, thereby eliminating the applicability of Labor Law § 240(1).

As to the Labor Law § 241(6) claim, we reiterated our routine maintenance argument and further established that the work Plaintiff was performing did not fall within the scope of Labor Law § 241(6). Labor Law § 241(6) applies to workers involved in the construction and demolition of buildings and is not as broad in its application as Labor Law § 240(1). This is a defense that can often be overlooked when evaluating these claims. Here, the Court agreed that Labor Law § 241(6) was not applicable.

Lastly, with respect to the Labor Law § 200 and common law negligence claims, we highlighted the accident video, our insured’s lack of control over Plaintiff’s work, and the unreliability of Plaintiff’s expert’s conclusions. Despite Plaintiff’s self-serving claims that our insured forced him to use the ladder in the improper manner in which he was using it at the time of the accident, the Court dismissed Plaintiff’s Labor Law § 200 and common law negligence claims.

This result reflects a complete defense victory for our insured, with all claims dismissed and no liability attributed to our client.

Congratulations to Andrew Kaye on this successful outcome.