Attorney Brian Carr obtained a dismissal of a Labor Law action pending in Sullivan County Supreme Court before the Hon Frank Labuda. Mr. Carr’s clients, the owners of a new high-end residential home under construction, were also granted summary judgment on their breach of contract claim against the project’s general contractor.
The plaintiff, an employee of one of the project’s sub-contractors, sustained alleged injuries when he fell from a scaffold. In a published opinion, Judge Labuda agreed with Mr. Carr’s argument that, although the owners actively monitored and made decisions at the construction project, their actions did not subject them to liability under the Labor Law. Judge Labuda further agreed with Mr. Carr that his clients were entitled to summary judgment against the general contractor who failed to procure insurance as required by contract, and granted the owners summary judgment on their breach of contract claim, and claims for contractual and common-law indemnification.
The Decision is published by the Official New York State Reporter at 2011 NY Slip Op 50691(U) (Sup. Ct. Sullivan Cty 2011).
