Steven Dyki Wins Summary Judgment in New York County Labor Law Case

May 28, 2015

On April 17, 2015, Steven Dyki won summary judgment dismissing the plaintiff’s complaint against Con Edison, including claims for negligence and violations of Labor Law 200, 240 and 241(6) in Marquis Long v. Con Edison, Index No. 104392/2011 (Sup. Ct. New York County).  The plaintiff, a flagger employed by San Mateo Construction Corp.  who was guiding pedestrians in a closed lane of traffic at a construction location, claimed that he was struck first by a backhoe loader and as a result was pushed into an open lane of traffic and struck by a taxi.  Mr. Dyki successfully argued that Labor Law 240 and 241(6) did not apply to the plaintiff’s claims, and that Con Edison was not negligent and did not violate Labor Law 200 because Con Edison did not control the means and methods of the plaintiff’s work.  The Court also awarded full contractual indemnity to Con Edison from San Mateo Construction Corp.

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