Fullerton Beck partner Victoria Ronemus prevailed in a New York Labor Law case by filing compelling summary judgment motion that resulted in the court granting the motions and dismissing the case. Fullerton Beck represented a demolition company and construction company in a case venued in the Queens County Supreme Court that involved a fall from a ladder during the construction of a new house. The plaintiff, an employee of the electrical contractor who contracted directly with the owner of the house under construction, fell from a ladder when he was drilling holes into the back of the house.
Victoria filed a motion for summary judgment arguing that the demolition company and construction company were not proper labor law defendants because they were not the owner, general contract, or an agent of either. Specifically, Victoria argued that the demolition company was not the general contractor on the project, despite having taken out permits that indicated it was. She relied on case law that supported her argument that more was needed than permits alone to demonstrate that the demo company was the GC. In addition, Victoria successfully argued that the construction company’s work was limited to the foundation and the sidewalk, which was unrelated to the electrical work that was being done by the plaintiff and his employer. The property owner conceded that the defendant demo company was not the GC, and that the construction company had a limited scope of work. As a result, the court granted the motion for summary judgment in its entirety.