Claims dismissed in complex New York Labor Law case.
We obtained summary judgment in a complex New York Labor Law case. Our client was the construction manager on the site of a library construction. The plaintiff, a painter, fell when the ladder upon which she was working allegedly twisted. Our client argued it was not a “contractor” under the Labor Law and its contract specifically stated he was not responsible for the method and means of work performed by prime contractors. The plaintiff countered that our client was, in fact, a general contractor notwithstanding nomenclature in the contract, since it coordinated scheduling of contractor work, conducted safety meetings and erected safety signs. The court ruled that those activities were not sufficient to establish our client was a general contractor and dismissed all claims and cross claims against it.