Steven D. Zecca, a partner in ADM’s New York City office, recently obtained summary judgment in a Queens County Labor Law case. The Plaintiff fell eight feet from a ladder during the construction of a new mixed use building in Long Island City, New York. Plaintiff alleged he was employed by a non-party at the time of the accident and therefore had the ability to sue our client, the building owner, as well as a building tenant for negligence and Labor Law violations. After a thorough investigation, we obtained the necessary evidence to prove that our client actually employed the Plaintiff at the time of the accident and provided the Plaintiff with Workers’ Compensation benefits following the accident.
Prior to depositions, we moved for summary judgment, seeking dismissal of Plaintiff’s complaint, arguing that his claims were barred by the exclusivity provisions of New York’s Workers’ Compensation Law under Sections 11 and 29. The Court agreed with our arguments and dismissed Plaintiff’s complaint against our client.