Associate Daniel Voronin Obtains Favorable Summary Judgment Decision in Labor Law Case.

Associate Daniel Voronin, Esq. obtained summary judgment in Kings County (Brooklyn) of all claims under Labor Law 240(1) as well as a partial dismissal of common law negligence/Labor Law 200 and Labor Law 241(6) claims. Plaintiff, a crane operator, was walking down an internal building staircase at the end of his shift when the handrail he was holding dislodged from the wall, causing him to fall down the stairs.

Plaintiff moved for summary judgment on Labor Law 240(1), asserting the fall was a gravity-related accident that occurred in a permanent staircase and that the stairs were an “inadequate safety device” because they were the only means of access out of the building. Mr. Voronin, in arguing for dismissal of Labor Law 240(1), asserted that falls in a permanent stairway fall outside the protections of Labor Law 240(1), and that plaintiff had other means to exit the building besides the internal staircase. Judge Ingrid Joseph of the Supreme Court, Kings County, agreed with our arguments. She specifically noted that she is bound by Second Department case law that falls occurring in permanent building structures, such as stairwells, fall outside the purview of Labor Law 240(1). Further, plaintiff failed to provide evidence that the stairs were an “inadequate safety device” and the sole means of access outside the building. As such, Judge Joseph dismissed the claim asserted under Labor Law 240(1).

This decision will greatly aid our client in future settlement discussions, as there is no longer a threat of interest running after judgment. At BMM, we strive to fight hard for our clients and put them in the best position for resolution. This decision is a great example of how thorough research and a strong argument reduced our client’s potential exposure in the case.
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