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Barros v. Bette & Cring, LLC.
Nicholas M. Cardascia
Glenn A. Kaminska
In a Labor Law action to recover for bodily injuries where the injured plaintiff fell on an elevated surface from which he was removing snow, the firm was successful in obtaining an affirmance of the Supreme Court order that granted our client's motions for summary judgment.
The Appellate Division, Third Department, found that the plaintiff's claims under Labor Law Section 200 and under the common law were properly dismissed as the defendants did not have any supervisory control over the plaintiff's work. Moreover, the risk was readily observable and an inherent hazard in the work being performed, i.e. snow removal. The record reflected that plaintiff was directed to perform snow removal by his supervisor and that snow removal was a regular function of the employer, as evidences by the shovels maintained and the fact that the snow removal was addressed at the employer's safety meetings. The Third Department also found that dismissal of plaintiff's claims under Labor Law Section 241(6) was appropriate, as there can be no liability where the injury is caused by an integral part of the work being performed. Liability does not attach where the injury is caused by the very condition the plaintiff was charged with removing.
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