WM, employed by S. Contracting Corp., was injured back in July 2018 while using a grinder without a blade guard at a construction site owned by N.E., LLC
In a lawsuit WM later filed with the Nassau County Supreme Court, the worker alleged that NE was liable for common-law negligence and violations of the state’s Labor Law §§ 200 and 241(6).
After the judge assigned to the matter denied NE’s dismissal request, granted WM’s motion for pre-trial relief in his favor and found NE responsible for his injuries, an appeal ensued.
On its review, the Appellate Division, Second Department, thought that reversible error had been committed by the lower court, since NE did not have the authority to supervise or control the manner and method of WM's work, did not interact him during the construction, nor provided him with any equipment or tools. As a result, the AD2 concluded that liability – pursuant to Labor Law § 200 -- could not attach and that dismissal of that claim should have been granted in NE’s favor.
Additionally, as WM failed to eliminate all triable issues of fact regarding NE’s notice of any grinder-related defect or unsafe condition, the appellate court found that WM’s pre-trial request for relief on his Labor Law § 241(6) claim, should also have been denied.
Looks like that case almost came to a grinding halt.
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DECISION