BM&S Secures Successful Defense in Construction Accident Case
Black Marjieh & Sanford LLP successfully defeated plaintiff’s appeal of the denial of a motion for summary judgment in the First Department. The case involved a construction accident in which the plaintiff alleges to have fallen on debris and a wet, greasy substance in a claimed passageway. Plaintiff moved for summary judgment under Labor Law 241(6), claiming a violation of New York Industrial Code 23-1.7(d). The plaintiff’s motion was denied in the lower court. Plaintiff appealed and BM&S successfully argued that the plaintiff had failed to meet his burden and that a question of fact existed as to whether the claimed substance constituted a foreign substance under the Industrial Code. On behalf of their contractor client, thanks to BM&S’s compelling arguments, the First Department unanimously affirmed the lower court’s denial of Plaintiff’s motion for summary judgment.