Associate Samantha Perlowitz and Managing Partner Alex Malino Achieve Rare Case Dismissal for Tenant and General Contractor in NY State Labor Law Claim.

Associate Samantha Perlowitz obtained a tremendous result for BMM clients, in a labor law case where we represented a top 40 Corporation in the US as a tenant as well as the general contractor for the construction project. The plaintiff alleged severe personal injuries and violations of NY Labor Law Sections 200, 240, and 241(6) when he was caused to be injured when a ladder fell, striking him in the head and upper torso and causing neurological injuries as well as personal injuries to his head and shoulders. The owners also sought indemnification against our clients. Working with partner Alex Malino, Samantha successfully argued that given the plaintiff was an employee of a subcontractor, the requisite control or notice did not exist for liability under Labor Law 200 against our clients.  Samantha successfully argued plaintiff’s claim was not covered under the ambit of Labor Law 240 as the plaintiff did not fall from a height nor did anything fall from a height onto the plaintiff which should have been secured.  Finally, the argument was made that the 241(6) claims weren’t properly pleaded as the plaintiff only alleged a violation of industrial code 23-1.21 which dealt with ladders and ladderways. Samantha argued the plaintiff was not using a ladder at the time and as such this industrial code was not applicable.

The court agreed with all of Samantha’s arguments and dismissed the plaintiff’s complaint in its entirety while also dismissing the owner’s indemnification claims as academic. This was aggressive lawyering in a case where the plaintiff wanted a significant six-figure settlement and thought this was a 240 case.  Knowledge of the law and its application is something we pride ourselves on at BMM.