September 12, 2023 | Vol. 382


MUST READS
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NOTEWORTHY
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MUST READSIF YOU MUST READ

Labor Law §240   Labor Law §241   Labor Law §200   Ladder   Control   Notice  

First Department
Defendants granted summary judgment dismissing Labor Law §§ 240(1), 241(6) claims of tenant’s store manager who fell from a ladder while replacing 2-ceiling tiles as “store manager” job does not involve “construction, alteration, demolition, or similar labor protected by §§ 240, 241. Labor Law §200 claim dismissed as injury was result of means and methods of work and building owners did not control the work. Defendants denied summary judgment dismissing common law negligence claim where questions of fact remained on whether they had actual or constructive notice that recurring leaks caused a slippery condition on the ladder. Yousuf v Horace Plaza, LLC    

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About Matt McMahon

Civil trials and appeals since 1984. Retired partner McMahon | McCarthy.
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