Partner Cheryl Fuchs and associate Alicia Sklan obtained pre-discovery summary judgment in a Kings County Labor Law case.  In Lazo v. Catholic Charities, et al, the plaintiff fell off of a scaffold located on the roof a building owned by one of the defendants.  Though our client installed pipe scaffolding on the rear of the building, a sidewalk bridge in front of the building, and roof protection on neighboring buildings, we moved to dismiss the complaint on the ground that our client did not install any scaffolding on the roof of the building where plaintiff’s accident indisputably occurred.  Rather than wait for these facts to be established through discovery, we were proactive and obtained an affidavit from plaintiff’s employer confirming that the accident did not occur on equipment our client owned, installed, or had any duty to maintain.  As a result, we obtained a complete dismissal for our client.

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