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Partner Jason Katz Obtains Reversal of Supreme Court Decision

Posted: January 11, 2021

Partner Jason Katz successfully appealed the decision of the Supreme Court, Kings County which denied the defendants and third-party defendant summary judgment and dismissal of all Labor Law and common law negligence claims asserted by the plaintiff. Although the Supreme Court granted Jason’s motion to dismiss the Labor Law 240(1) and 241(6) causes of action, it improperly allowed the Labor Law 200 and common law negligence claims to proceed. The Appellate Division, however, reversed and agreed that the defendants did not have the authority to direct or control the manner and method of the work being performed. The Court further agreed that the defendants neither created a dangerous condition nor did they have actual or constructive notice of any such condition and dismissed all of the plaintiff’s claims against both the defendants and third-party defendant.