Shorav Kaushik Successfully Obtained Summary Judgement Dismissing All Claims Against Building Owner Client

Shorav Kaushik obtained summary judgment dismissing plaintiffs' Labor Law claims and counterclaims against the defendant, the firm’s Building Owner client.

 The plaintiff, an employee of a subcontractor, argued negligence and violations of the New York State Labor Law, claiming the defendant was responsible for removing the plywood from the floors of the construction site. However, on the accident date, this did not occur, and the plaintiff was injured while removing plywood.  

Mr. Kaushik successfully argued that Labor Law ss 240(1) and 241(6) did not apply to this accident. It was further established that a contractual obligation was triggered against the plaintiff’s employer due to an indemnity clause in the contract between the construction manager and the plaintiff’s employer.

The court granted summary judgment dismissing the plaintiff's Labor Law ss 200, 240 (1), and 241 (6) claims against our client, awarding summary judgment on our contractual claims against the plaintiff’s employer, and dismissing the plaintiff’s employer’s counterclaims for common law indemnification against our client. In this case, Mr. Kaushik achieved a successful result transferring liability and damages that would have otherwise been costly to the client.