Wood, Smith, Henning, and Berman is proud to announce a significant litigation victory led by senior associates Megan McDonough and Matthew Lavoie in a complex New York Labor Law matter.
Tracy Abatemarco, Co-Managing Partner of the New York office, congratulated the team on the result. "The WSHB team did an outstanding job developing the record and presenting a compelling opposition to summary judgment. This is an excellent example of strategic motion practice and teamwork, and we are very proud of the result they achieved for the client."
The plaintiff moved for summary judgment on the issue of liability under New York Labor Law §240(1). WSHB successfully opposed the motion. Specifically, the court determined that there was a factual dispute as to whether the wooden planks placed on top of an air conditioning unit constituted the functional equivalent of a scaffold or whether they were merely part of the air conditioning unit's protective guard.
"This was a very fact-specific case where the details of the testimony and the physical setup of the work area really mattered," commented Megan. "We focused on demonstrating that proper access equipment was available and that the plaintiff chose a different method. The court carefully considered those facts, and we are very pleased with the outcome for our client."
The court also ruled in the defendant's' favor with respect to Industrial Code §23-5.3, holding that the provision did not apply because the alleged scaffold was made of wood. Ultimately, it dismissed the plaintiff's complaint in its entirety against one of the two WSHB’s client defendants, finding that they were an improper defendant.
This result was achieved through a carefully developed opposition strategy grounded in the facts of the case and deposition testimony. McDonough and Lavoie successfully argued that the plaintiff had a proper and safe means to access the work area to perform cleaning work, namely an available scaffold, and that the plaintiff's decision to stand on the air conditioning unit was not the intended means of access. This position was further supported by a detailed expert affidavit submitted in support of the opposition.
"Even without eyewitness testimony, we were able to build a strong factual record through deposition testimony, expert analysis, and a careful reconstruction of how the work was intended to be performed," Lavoie remarked. "The decision reflects the importance of a thorough factual and legal strategy, especially in New York Labor Law cases."
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