Josh Kardisch and Florina Altshiler Win Second Fourth Department Appeal In Same Labor Law § 240(1) C
In February, 2018, Josh Kardisch won the reversal of summary judgment for plaintiff in the Appellate Division, Fourth Department in Bonczar v. American Multi-Cinema, Inc., et al, 2018 NY Slip Op 00712 (4th Dept. 2018). The plaintiff claimed to have sustained injuries after falling from a ladder in a movie theater which defendant owned. The lower court granted plaintiff summary judgment on his claim for violation of Labor Law § 240 (1). The Appellate Division, Fourth Department reversed the decision and found an issue of fact requiring a trial because the plaintiff had acknowledged that he “might not have checked the positioning of the ladder or the locking mechanism, despite having been a
