New York, NY
Associate Lora H. Gleicher was awarded summary judgment in a Kings County, NY Labor Law case. In the case of Martinez v. Adjmi, the plaintiff allegedly sustained injuries while performing construction work on the first floor of a two-family home that was being demolished. Plaintiff alleged that our client, the owner of the property, was responsible for his injuries.
At the close of discovery, we moved for summary judgment premised on the grounds that: (1) Labor Law §240(1) and §241 (6) exempt from liability owners of one and two family dwellings who contract for, but do not direct or control construction work; and (2) Labor Law §200, exempts owners from liability – so long as they do not direct or control the work. For these reasons, we argued that our client did not owe a duty to the plaintiff and could not be held liable for his injuries. Plaintiff attempted to create a question of fact, by arguing that as our client was a commercial real estate developer, the subject demolition and construction project was likely for commercial purposes. However, the trial court agreed with our position, as all evidence supported the conclusion that the subject property was being demolished and reconstructed for personal residential usage. As such, the plaintiff’s complaint was dismissed.