Rachael Nole, a Partner in ADM’s New York City office, recently obtained summary judgment dismissing all claims, including Labor Law 200, 240(1) and 241(6) claims, against a property owner and general contractor on an interior build out project. The Plaintiff was a carpenter who fell when he attempted to step up from his work area onto a raised computer floor. He claimed he had no choice but to step up in order to access the area where his tools were plugged in. His foot caught on a metal pedestal that was used to support the raised floor. He underwent a 3-level ACDF and claimed further injury to the back and bilateral knees. He also claimed $2.5m in past and future lost wages.
Ms. Nole moved for summary judgment dismissing all claims arguing that our clients did not control the Plaintiff’s work, that the raised floor was an ordinary construction site hazard, that there was no significant height differential, and that the Industrial Code sections relied upon by the Plaintiff did not apply. After oral argument, the Court granted the motion in its entirety. The Plaintiff appealed the decision, which was wholly upheld by the First Department.