February 6, 2018

DSB successfully moved to dismiss claims against two cooperative owner defendants in a Supreme Court Bronx County case, where a laborer claimed he was injured during the course of a renovation project within defendants’ unit. The Court, upon defendants’ motion for summary judgment, found that defendants could not be held liable pursuant to Sec. 240 and/or 241 of the New York State Labor Law, as they were the owners of a one-family residential cooperative unit, who contracted for but did not direct or control any of the ongoing construction work. The Bronx Supreme Court further found that the defendants did not create or have notice of the allegedly dangerous condition which plaintiff claimed caused his accident.