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Personal Injury

Appellate Division, First Department
Uncategorized

Morina v. 250 Broadway Associates Corp. — Scaffold Law § 240(1) Liability Extends to Successor-Merged Owner, Condominium, and Building Manager

The First Department affirms summary judgment for a stone mechanic struck by a 350-pound falling panel, holding that all four defendants — including a post-merger associate, a lobby condominium, and a building manager who contracted for the work — qualify as owners or statutory agents under Labor Law § 240(1).

Appellate Division, First Department
Uncategorized

Barbosa v. 1169 Hoe LLC — § 241(6) Slipping Hazard Claim Upheld; § 240(1) Dismissed for Floor-Level Accident

The First Department upholds Labor Law § 241(6) liability for rainwater and oil on a construction floor, while affirming dismissal of § 240(1) where the concrete form being lifted never fell or moved uncontrollably. Post-Bazdaric, defendants must show the hazardous substance was inherent to the specific task.

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