August 27, 2021

DSB prevailed on appeal in a New York State Labor Law construction accident case.  Plaintiff in the action alleged that he was injured falling from a ladder while installing cable services for a tenant.  The Appellate Division for the Second Department unanimously agreed that DSB established its prima facie entitlement to judgment by establishing that the requisite nexus between the defendant and the plaintiff’s work did not exist.  The Appellate Division affirmed the lower court’s order granting  summary judgment dismissing plaintiff’s New York State Labor Law claims.