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Partner Thomas Fogarty prevails in NY Supreme Court

By January 19, 2024No Comments

Kiernan Trebach attorney, Thomas Fogarty, prevails in the NY Supreme Court in defense of a contractor and housing authority on allegations of NY Labor Law violations.

The plaintiff in this case sought damages for personal injuries arising from alleged violations of NY Labor Law §§ 200, 240 and 241 and common law negligence. The court dismissed plaintiff’s lawsuit in its entirety, finding that our clients did not violate Labor Law § 240(1) as the plaintiff’s incident was not caused by the lack of a safety device enumerated therein, and that 12 NYCRR § 23-2.2(a) and (b), the basis for plaintiff’s Labor Law §241(6) claim, were inapplicable to the work he was performing at the time.

Great work Tom!