Steven Dyki Prevails on Summary Judgment Motion in Kings County Labor Law Case

March 8, 2016

On January 29, 2016, Steven Dyki successfully defended two summary judgment motions in Supreme Court, Kings County in the case of Crawford v. The North Flats, LLC, Index No. 13076/2013.  The plaintiff claimed that he was entitled to summary judgment on his claims of violation of Labor Law sections 240, 241(6) and 200 against the defendants/third-party plaintiffs owner and general contractor.  He argued that the clamps of an extension ladder “popped off” causing the ladder to collapse causing injuries.  The defendants/third-party plaintiffs claimed that they were entitled to summary judgment on their claims for contractual indemnification against our client, the third-party defendant employer.  Mr. Dyki successfully argued both motions should be denied because that the immediate post-accident observation of the site safety manager that there was no extension ladder in the room, the plaintiff’s post-accident statement that he overreached but did not fall from the ladder, and the plaintiff’s testimony that the owner and general contractor provided him with the ladder created issues of fact requiring a trial.  The Court agreed, and held that there were triable issues of fact and denied the motions of the plaintiff and defendants/third-party plaintiffs.

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