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Construction & Labor Law

Plaintiff’s Actions May Be “Sole Proximate Cause” of Injury under Labor Law

Published April 13, 2016 |

In a rare “victory” for defendants, defending a Labor Law case, Justice Howard Lane (Supreme Court, Queens County) denied plaintiffs’ motion for summary judgment sounding in violation of Labor Law sections 240(1) and 241(6) on the grounds that questions of fact existed as to whether plaintiff’s actions were the “sole proximate cause” of his accident…. read more

Contract that Explicitly Proscribes CM’s Exercise of Control is found Central to Courts Granting of Summary Judgement under Labor Law

Published February 14, 2015 |

On February 17, 2015, the First Department issued a decision on DaSilva v. Haks Engineers & Land Surveyors, P.C. regarding the applicability of Labor Law §§ 200, 240(1) and 241(6) to a Construction Manager/ Engineer defendant. Plaintiff fell off a scaffold plank. Defendant had project management responsibilities which included providing a resident engineer and making… read more

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