January 10, 2024

DSB was successful on a motion to renew a prior summary judgment motion on a Kings County Labor Law case. Plaintiff allegedly fell from an extension ladder while performing exterior façade work at our client’s home. Plaintiff claimed the accident occurred because the extension ladder failed and collapsed. As a result of the accident, plaintiff underwent had an L1-L2 laminectomy, and a T11-L4 posterior fusion with instrumentation. This firm had previously filed a summary judgment motion before depositions, the result of which was a dismissal of the Labor Law section 240 and 241 claims based on the homeowner’s exception. However, based on an affidavit of plaintiff that swore our client owned the ladder, the common law and Labor Law section 200 aspects of the motion were denied. During plaintiff’s deposition, he admitted that he never read the affidavit, which was in English, and that the basis of the affidavit was not his own knowledge. He also admitted at the deposition that there was no indication the ladder would fail before the accident. After the deposition, we filed a motion to renew, which was granted and dismissed the remainder of the claims based on lack of notice of any defect.