March 24, 2021

The Supreme Court, Kings County, granted DSB’s motion for summary judgment in a New York State Labor Law construction accident case. Plaintiff in the action alleged that he fell from a ladder at a construction site and sustained a fracture of the medial malleolus that required surgery, traumatic brain injury resulting in 100% disability, a tear of the supraspinatus tendon requiring surgery, a tear of the patellar articular cartilage of the right knee and a tear of the posterior horn of the medial meniscus, ankle arthroscopy, synovectomy and debridement, talonavicular fusion and removal of hardware, and derangement of the cervical and lumbar spine.

The court found that the indemnification provision contained in an agreement with the condominium was void as against public policy under the New York General Obligations Law. There was no other basis for liability of DSB’s client and the case was dismissed.