Fullerton Beck LLP Secures Summary Judgment Dismissal in New York Labor Law Action

Fullerton Beck attorneys Eileen Fullerton and Alexandra Sued secured summary judgment in New York Supreme Court, Queens County on behalf of building owners in a New York Labor Law action. This resulted in the complete dismissal of claims brought under Labor Law §§ 200, 240(1), and 241(6).

The plaintiff alleged that he was injured while transporting equipment through a stairwell to a rooftop work area, claiming that the equipment was defective, oversized, and caused him to fall. Fullerton Beck demonstrated that the claims were legally and factually unsupported, establishing that the incident involved non-actionable means and methods rather than a dangerous condition, and that the equipment at issue had been delivered brand new on the day of the alleged incident, precluding any notice of defect.

The court further found that the plaintiff’s alleged fall occurred on a permanent staircase, eliminating any basis for a Labor Law § 240(1) claim, and that no applicable Industrial Code provisions supported the § 241(6) allegations.

Critical to the outcome of the case, Fullerton Beck also presented compelling evidence undermining the credibility of the plaintiff’s account. Expert analysis established that the equipment described by the plaintiff could not have been transported in the manner claimed and could not have made contact with the ceiling as alleged. Testimony from the plaintiff’s supervisor and co worker further confirmed that no accident was reported and that the plaintiff left the worksite citing illness. A non party security guard corroborated that the plaintiff later staged a fall in the building lobby and requested medical assistance.

The court agreed that the record did not support the plaintiff’s version of events and granted summary judgment in full.