Josh Kardisch Prevails On Summary Judgment In Suffolk County Labor Law Case

On February 6, 2018, Josh Kardisch prevailed on a summary judgment motion in Hernandez v. The Beechwood Organization, Index No. 600660/2015 (Supreme Court, Suffolk County). The plaintiff claimed that he fell from a ladder on November 26, 2014 during the course of his employment as a painter. He claimed that while painting with a roller on the ceiling, one portion of the ladder’s footing bent. The plaintiff moved for summary judgment on his claim of violation of Labor Law section 240(1). Mr. Kardisch opposed the plaintiff’s motion and made a cross-motion for summary judgment to dismiss the plaintiff’s claims of negligence and violation of Labor Law sections 200 and 241(6). Mr. Kardisch argued that the evidence, which included affidavits from the defendant that the plaintiff’s employer was not at the worksite on the date of the accident and medical records showing that the plaintiff was not injured at the time he claimed, supported the defense that the plaintiff was not injured at the worksite. Mr. Kardisch also argued that the defendants were not negligent and did not violate an Industrial Code rules. The Court agreed and found an issue of fact warranting a trial as to the alleged violation of Labor Law section 240(1) and dismissed the plaintiff’s claims of negligence and violation of Labor Law section 200.