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CG&P Secures Dismissal of Labor Law Action

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CG&P Secures Dismissal of Labor Law Action

The plaintiff alleged that the owner and general contractor at a new construction project on Long Island were negligent and violated Labor Law 200, 240(1) and 241(6) in permitting a dangerous sloping condition to exist along the side of an excavation. The plaintiff, a masonry laborer, allegedly fell down the slope while carrying mortar and injured his neck and back. The Appellate Division, Second Department reversed the Lower Court and dismissed the complaint as to both of CG&P client’s, concluding that the sloping condition was not a hazard because it complied with the Industrial Code and OSHA regulations. The Court also granted indemnification to the general contractor from a subcontractor and awarded defense costs. The case was handled by CG&P partner James P. Connors and is reported at Ulrich v. Motor Parkway Properties, LLC 84 A.D.3d 1221, 924 N.Y.S.2d 493 (2d Dept. 2011).