New York Construction & Labor Law

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In the world of personal injury litigation, perhaps no claim is more difficult to defend than one brought under the incredibly burdensome New York State Labor Law Statutes. Almost any accident on a construction site, especially those involving elevation-related hazards,  may subject owners, general contractors and subcontractors to liability and, in some cases, absolute liability. The defense must focus on defeating liability, transferring risk and reducing the damages claim.

The attorneys in Marshall Dennehey's New York Construction and Labor Law Practice Group devote almost the entirety of their practices to New York Labor Law litigation. Our team has decades of experience handling the most complex construction site accident cases throughout the state. From issues involving contractual indemnification and insurance coverage to the ever-evolving application of Labor Law 240, our attorneys remain at the forefront of this rapidly changing area of law.

Representing  public and private owners and developers, general contractors, construction managers and all manner of subcontractor trades, our attorneys defend claims arising out of all aspects of the construction industry. These include claims involving the use of scaffold systems, shoring, demolition and heavy machinery in industrial, commercial and residential projects.

Our attorneys are familiar with the full range of construction business practices, management and field personnel, and record-keeping procedures which help yield a cost-efficient and strategic defense. With a proactive and aggressive approach, the team anticipates issues and potential problems with ready and creative solutions. Marshall Dennehey's construction litigators are experienced in successfully resolving New York Labor Law cases through mediation or motion practice and, when necessary, provide a vigorous defense at trial.
 
Marshall Dennehey's New York Construction and Labor Law Practice Group serves clients in the five boroughs of New York City and throughout the state of New York.
 

Read_Peter
Peter S. Read, Chair
Andresen_Keith
Keith M. Andresen, Co-chair

Defense smokes pipefitter’s claims.

New York Construction & Labor Law

The plaintiff, a pipefitter employed on a construction site, claimed he tripped and fell over a 2’ x 4’ metal stud, causing him to sustain a shoulder injury and subsequent surgery. The plaintiff sued the owner and general contractor under the New York State Labor Law. At his deposition in 2018, the plaintiff produced a photograph showing a loose metal stud lying on the floor of the construction site. When questioned as to who took the photograph, he stated his friend a co-worker, took the photo but that he was not there when it was taken.

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Claims dismissed in marine construction NY Labor Law case.

New York Construction & Labor Law

Our team successfully obtained summary judgment dismissing all claims against our client in a marine construction NY Labor Law case pending in Supreme Court Rockland County. The case involved bodily injuries sustained to an employee of our client, which was a sub-subcontractor at the site of the new Mario Cuomo Bridge. The property owner, general contractor and the subcontractor each cross-claimed and/or third-partied our client into the case.

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New York Labor Law case dismissed on summary judgment.

New York Construction & Labor Law

Our client owned a parcel of land upon which a building was being erected. The plaintiff, an employee of a subcontractor, was at the premises cleaning up the worksite on a Saturday morning. He was standing on top of a company-owned work van in the parking lot, securing ladders to the roof of the van, when he slipped and fell off the van to the ground, sustaining serious leg and knee injuries. He underwent two knee surgeries and was also told he needed back surgery.

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Successful defense of marine construction New York Labor Law case.

New York Construction & Labor Law
Maritime Litigation

Marshall Dennehey successfully obtained summary judgment, dismissing all claims against our client in a marine construction New York Labor Law case in the Supreme Court in Rockland County. ​The case involved bodily injuries sustained to an employee of our client, a sub-subcontractor at the site of the new Mario Cuomo Bridge. The property owner, general contractor and the subcontractor each cross-claimed and/or third-partied our client into the case, all seeking contractual and common law indemnity and contribution pursuant to the terms and conditions of the various contracts.

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Claims dismissed in complex New York Labor Law case.

New York Construction & Labor Law

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.

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