BM&S Attorney Sheryl Sanford Obtains Partial Summary Judgment on Labor Law and Negligence Claims

In a recent case, Jinete v. Municipal Housing Authority for the City of Yonkers (“MHACY”), et al., plaintiff asserted New York Labor Law and negligence claims against MHACY and related ownership entities alleging injuries resulting from a scaffolding plank being lowered by his coworkers as he was power-washing underneath. Although it is difficult to challenge a Labor Law § 240 claim where it is alleged that a scaffolding fell on plaintiff, Black Marjieh & Sanford LLP Partner Sheryl Sanford argued and ultimately obtained a decision finding an issue of fact on § 240 as to whether: (i) the injury-producing activity alleged constituted a sufficient elevation-related risk, (ii) plaintiff was an employee of the general contractor which was responsible for his safety, and (iii) plaintiff was the sole proximate cause of the accident by standing under the scaffolding as it was being disassembled and lowered by his co-workers. The court also found triable issues of fact on plaintiff’s Labor Law 241(6) claim predicated on Industrial Code Section 23.17(a)(1), ruling favorably in holding that Section 23.17(a)(1) is the only potentially applicable provision of the numerous provision alleged. In dismissing plaintiff’s Labor Law § 200 and common law negligence claims against MHACY, which ultimately eliminated any independent negligence on the part of their client, Ms. Sanford and Mr. Craven were able to successfully establish their contractual claims necessary to protect their client and ensure viable risk transfer.