The Firm obtained summary judgment on behalf of our client, a large national retail corporation, in a lawsuit commenced by a worker who allegedly sustained millions of dollars in damages due to an accident at a construction site. Even though our client, as owner of the premises, could have been held vicariously liable pursuant to 241(6) of the Labor Law, we were able to convince the Court, at oral argument and in motion papers, that our client could not be held liable to the plaintiff or any party, under any theory of liability.
Florina Altshiler, Esq., of Russo & Toner, LLP, obtained a defense verdict on liability after a jury trial in Erie County Supreme Court. Plaintiff, David Bonczar, a then 46-year-old male fire alarm technician claimed serious injuries following a fall from an A-frame ladder while installing a fire detection system at an AMC theater during a major renovation project. Plaintiff alleged that the ladder wobbled and shifted as he descended causing him to fall to the floor below.
Summary judgment was granted in a Queens County construction accident case Calle v. 1411 IC-SIC Property LLC, Index No. 704429/2013 (Supreme Court, Queens County). The plaintiff claimed that during the course of demolishing a ceiling, a beam fell onto him causing severe injuries. The plaintiff moved for summary judgment on his claim for violation of Labor Law section 240(1) arguing that he was not provided with a proper protective device to perform his work.
The Firm successfully defended two summary judgment motions in Supreme Court, Kings County in the case of Crawford v. The North Flats, LLC, Index No. 13076/2013. The plaintiff claimed that he was entitled to summary judgment on his claims of violation of Labor Law sections 240, 241(6) and 200 against the defendants/third-party plaintiffs owner and general contractor. The Firm argued that the clamps of an extension ladder "popped off" causing the ladder to collapse causing injuries.