Articles Posted in Work Injury

In Martinez v. Turner Construction Company, the Supreme Court of New York County ruled on competing motions for summary judgment in a construction accident case involving a falling plank. The court found that the injured worker established a valid claim under Labor Law § 240(1) and denied both parties’ motions regarding Labor Law § 241(6), allowing the case to continue.

Background Facts

On October 10, 2014, Bayron Martinez was working at a construction site located at the former Saint Vincent Medical Campus in Manhattan. West Village Residences, LLC owned the property, and Turner Construction Company served as the construction manager. Turner subcontracted masonry work to GEM Roofing and Waterproofing, which employed Martinez as a pointer, caulker, and cleaner.

In Chowdhury v. Rodriguez, the Appellate Division, Second Department, considered whether a homeowner could be held liable for injuries suffered by a construction worker who fell from a ladder during a porch renovation. The court evaluated whether the worker’s claims under Labor Law §§ 200, 240(1), and 241(6) could survive summary judgment and clarified how courts should approach cases involving equipment provided by property owners.

Background Facts

Nazrul Chowdhury worked as a laborer for Williamsburg Construction. His employer had been hired to rebuild the front porches of a two-family home in Ridgewood, Queens. The property was occupied by Antonio and Judith Rodriguez, along with their family, and another tenant, Clemente Almonte. Chowdhury’s daily work included tasks like measuring and laying cement.

The Appellate Division, First Department, decided the case of Dibrino v. Rockefeller Center North, Inc. on July 2, 2024. The case involved a construction worker who fell from a ladder on a commercial job site in Manhattan. The key question was whether the defendants violated New York Labor Law § 240(1), which requires owners and contractors to provide safety devices that protect workers from elevation-related risks.

Background Facts

Plaintiff Dominick Dibrino worked for a subcontractor named Jacobson & Company, which handled drywall and ceiling installation. The project took place on the fifth floor of a commercial property located at 1271 Avenue of the Americas. Rockefeller Center North, Inc. owned the property, and JRM Construction Management LLC served as the general contractor. JRM hired DAL Electrical Corporation as the electrical subcontractor.

In Blake v. Neighborhood Housing Services, N.Y. City, the New York Court of Appeals addressed whether a worker injured while using a ladder could recover under Labor Law § 240(1) when the ladder provided proper protection and the worker’s own actions were the only cause of the fall. This case clarified the limits of liability under the statute and reaffirmed that not every fall from a ladder results in an automatic finding of liability. The court focused on whether the defendant violated the statute and whether that violation caused the injury.

Background Facts

Rupert Blake owned a contracting company and was hired to perform renovation work at a two-family home in the Bronx. The homeowner had received financing from Neighborhood Housing Services of New York City (NHS), a nonprofit lender. NHS provided a work estimate and a list of possible contractors. The homeowner selected Blake, and NHS had no further involvement in directing the work.

In personal injury cases involving public corporations, filing a timely notice of claim is a mandatory step for initiating a lawsuit. When this timeline is missed, petitioners may seek permission from the court to file a late notice of claim. The case of Marando v. City of N.Y., 66 Misc. 3d 1225 (N.Y. Sup. Ct. 2020) provides a clear illustration of how courts evaluate such petitions.

Background Facts

On September 26, 2018, Domenico Marando, a carpenter employed by Skanska, was working on the renovation of subway walls on the Coney Island-bound N-Line train track. During his work, an electrical explosion occurred, throwing him ten feet and causing injuries to his neck, right shoulder, and left knee. He was immediately transported by ambulance to Maimonides Hospital.