Mackenzie C. Monaco Obtains Dismissal of Labor Law Claim
By: Carter Conboy
Mackenzie Monaco obtained summary judgment on behalf of her client, a local mechanical services company, who was sued for alleged liability under Labor Law §§200, 240(1) and 241(6).
A local hospital was undergoing major renovations. The hospital’s general contractor subcontracted the installation of the HVAC system to Ms. Monaco’s client, who then subcontracted the final airflow testing of the HVAC system to an air balancing company. The plaintiff was an employee of the air balancing company.
On the date of the incident, the plaintiff went to the hospital to perform the airflow testing. As required by contract with his employer (Ms. Monaco's client), the plaintiff was obligated to bring company tools and a ladder to perform the air testing. He did not. Instead, upon arriving, the plaintiff requested a ladder from the general contractor which was provided. Upon climbing the ladder to the second highest rung, the plaintiff fell sustaining alleged personal injuries.
The plaintiff originally claimed that the defendants’ were negligent under Labor Law §§200 and 241(6). Those claims were dismissed by the Court by consent of the plaintiff. The plaintiff further claimed that the defendants’ were negligent in their duty to ensure his safety pursuant to Labor Law §240(1). The Court found that the plaintiff failed to raise an issue of fact under §240(1) with respect to whether the plaintiff’s airflow testing constituted construction, alteration or repair, and dismissed the Complaint against Ms. Monaco's client.
About Mackenzie C. Monaco
Mackenzie is a Director and Shareholder at Carter Conboy. She maintains an active litigation practice representing a wide range of clients, from individuals and local businesses to national corporations, in state and federal courts throughout New York. Mackenzie delivers counseling, risk management, and tort defense services to the hospitality and retail, construction, insurance, and healthcare industries. She also maintains an active trusts and estates practice. She can be reached at email@example.com and (518) 465-3484.
About Carter Conboy
Carter Conboy is a full-service law firm providing counsel to businesses, corporations, government, professionals, and individuals in 20 industries and 40 specialized service areas. Founded in 1920, Carter Conboy has offices in Albany and Saratoga Springs, NY.
Stacy A. Smith