A significant victory in a high-exposure New York Labor Law case has reinforced the importance of thorough factual investigation and strategic motion practice. Wood Smith Henning & Berman senior counsel, Leslie Luke, successfully defeated plaintiff's motion for summary judgment under New York Labor Law section 240(1), preserving critical defenses for the firm's client, the owner of the subject premises at issue in the case.
The plaintiff alleged that he was employed by a construction company that leased the property for storage and had been instructed by his employer to perform roof repairs at the premises on a Sunday when only a handful of workers were present. According to the plaintiff, he fell from a ladder while performing the work, suffering serious injuries, including a calcaneal fracture requiring open reduction and internal fixation (ORIF), as well as additional lumbar inquiries requiring further surgical treatment. Luke challenged the motion by presenting substantial evidence that directly contradicted the plaintiff's version of events and demonstrated that numerous material factual disputes remained for trial.
Among the evidence submitted was the workers' compensation hearing testimony of the owner of the construction company. During that testimony, the owner denied that the plaintiff was employed by the company on the date of the alleged accident and unequivocally testified that no roof repairs were being performed at the property the day if the incident. Luke also submitted an affirmation from the property manager establishing that the property owner never retained the plaintiff to perform roof work and that the construction company had to been authorized to conduct any such repairs.
Following oral argument, the court denied the plaintiff's motion for summary judgment, finding that genuine issues of material fact existed regarding whether the plaintiff was authorized to be at the premises and whether he had been directed to perform roof work.
"This was an exceptional result in a case involving significant potential exposure under New York Labor Law," said New York co-managing partner, Tracy Abatemarco. "Leslie meticulously developed the factual record and presented compelling evidence demonstrating that the plaintiff's account could not be accepted as undisputed. Preserving these factual issues for trial was a critical victory for our client."
Luke added, "Labor Law cases often turn on the underlying facts. By carefully examining the available evidence and challenging the plaintiff's narrative, we were able to demonstrate that genuine factual disputes precluded summary judgment. We are pleased the court recognized those issues should be decided ta trial."
The ruling preserves the client's defenses in a matter involving substantial alleged injuries and underscores the firm's commitment to aggressively defending premises owners through strategic investigation, effective motion practice and careful development of the evidentiary record.
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