BM&S Partner Lisa Black Obtains Labor Law Dismissal by Appellate Division in Wrongful Death Case

Partner Lisa Black of Black Marjieh & Sanford LLP prevailed before the Appellate Division, First Department in a unanimous decision reversing the lower court and dismissing in its entirety a NY Labor Law wrongful death action arising from an elevator modernization project. The action was brought by an elevator repairman’s estate after he was crushed while in the elevator shaft after the elevator descended in its automatic function. The sole issue on appeal in Luna v. Brodcom W. Dev. Co. LLC related to plaintiff’s Labor Law § 240(1) claim as BM&S had already successfully obtained dismissal on the remaining Labor Law claims pursuant to § 241(6) and § 200 in the lower court on summary judgment. Partner Lisa Black argued that the accident did not constitute a Labor Law § 240(1) claim as the elevator did not “fall” so as to constitute a “falling object” for purposes of triggering the unique protection of the statute. The Appellate Division agreed, opining that “the elevator did not ‘fall’ as a result of the force of gravity but descended in automatic mode, as it was designed to do.” The favorable decision reversed the lower court’s ruling, granting our clients’ motion for summary judgment and dismissed plaintiff’s complaint in its entirety.

Oral arguments were made before Hon. Oing, Webber, Gische, Friedman, and Kennedy on Apr 6, 2022.