Construction Litigation Appeal Team Lead by Attorney Michael Joseph Wins Significant Summary Judgment Appellate Victory

The Cullen and Dykman Construction Team was able to secure a significant appellate victory in the Appellate Division, First Department resulting in full dismissal of plaintiff’s complaint against several entities. The plaintiff – an employee of non-party advertising company – testified that he was tasked with inspecting a billboard for structural defects while changing out an advertisement on the billboard. The plaintiff claimed to have been injured while descending a ladder when the ladder suddenly retracted for unknown reasons. The plaintiff brought claims to recover under Labor Law 200, 240, 241(6) and common-law negligence.

On appeal, however, the Construction Team was able to convince the Appellate Division panel that the activities plaintiff was charged with and actually performed were not protected under Labor Law 240 – more specifically, that plaintiff’s actions with respect to changing out the advertisement of the billboard were not a protected “alteration” under the statute and that his so-called inspection of the billboard was “merely investigatory” and unrelated to any active construction work. The Construction Team was also additionally able to highlight that the lack of any ongoing active construction work precluded liability under Labor Law 241(6), and further that its client’s lack of involvement with the work at issue precluded any liability under Labor Law 200 or for common-law negligence. 

Notably, the trial court previously denied summary judgment to either party by finding multiple issues of fact resulting in the matter being set for trial at which the plaintiff indicated that it would be seeking over $8 million in damages.