Fullerton Beck successfully obtained summary judgment in a Kings County NY Labor Law case involving serious injuries. The plaintiff claimed to have been struck by a swinging wooden gate, which had been built by our client, who was hired by the general contractor.
It was alleged that the gate was negligently constructed and that the defendants failed to provide adequate protections for the performance of the work. In alleging §240(1), the plaintiff claimed that the swinging gate posed a gravity-related risk, and that the lack of adequate safety devices proximately caused the accident.
Associate Jason Aaron moved for summary judgment and argued the accident was outside the purview of §240(1); and with respect to violations of Labor Law §200 and §241(6) claims, we argued that our client could not be held liable as there was no nexus between our client’s work and the way in which the accident occurred. We successfully argued the inapplicability of Industrial Code sections alleged by the plaintiff, and defeated the allegation that the gate itself constituted a dangerous condition.
We also obtained summary judgment dismissing all cross-claims asserted against our client by the general contractor, including claims for contribution, indemnification, and breach of contract.
The court’s decision is yet another reflection of Fullerton Beck LLP’s commitment to aggressively defend and obtain favorable outcomes for its clients.