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  • Marcin Kurzatkowski obtained a summary judgment dismissal of the plaintiff's Labor Law 200 and 241(6) claims against a subcontractor at the construction site

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Marcin Kurzatkowski obtained a summary judgment dismissal of the plaintiff's Labor Law 200 and 241(6) claims against a subcontractor at the construction site

Thursday, April 1, 2021
By Marcin J. Kurzatkowski

On March 18, 2021, Marcin Kurzatkowski obtained a summary judgment dismissal of the plaintiff’s Labor Law §§ 200 and 241(6) claims against a subcontractor at the construction site.  The plaintiff alleged that he tripped and fell over a copper pipe that was left behind on the floor.  Mr. Kurzatkowski represented the subcontractor that was responsible for providing carting and cleaning services at the construction site.  In moving to dismiss the plaintiff’s Labor Law claims, Mr. Kurzatkowski argued that his client was not a proper Labor Law defendant as it was not responsible for controlling the “means and methods” of the plaintiff’s work and/or did not have authority to control the worksite.  Mr. Kurzatkowski further argued that his client did not have any authority to supervise and/or control the work giving rise to the obligations imposed by the Industrial Code.  The Court granted Mr. Kurzatkowski’s motion for summary judgment and dismissed all Labor Law claims as against the subcontractor.

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