Brief Description of Case:
This is an action where plaintiff sought recovery for personal injuries allegedly sustained when he was caused to collapse and fall after he was struck by “unsecured metal sheets.” Plaintiff sought recovery on grounds of Labor Law §240(1), §241(6), and §200/common-law negligence.
Court or Jury’s Decision and Reasoning:
The Court granted 49 Grove Realty LLC., and ABC Restoration, INC, summary judgment motion in part and found: (1) that the defendants established their prima facie entitlement to judgment as a matter of law by demonstrating that the plaintiff’s injuries were not caused by an elevation-related or a gravity-related risk encompassed by Labor Law 240(1); and (2) that the regulations plaintiff alleges they violated were either inapplicable under the circumstances or lack the specificity required to qualify for predicate liability under Labor Law §241(6).