Reversal and Reinstatement of Labor Law 241(6) - Appeal Won
Queens County Construction Site Accident
January 31, 2024
In a Labor Law appeal with the Appellate Division, Second Department, the 241(6) labor law claim was reinstated, citing that the defendants’ submission of plaintiff’s testimony in moving for summary judgment raised a triable issue of fact, not allowing defendants to meet their prima facie burden as a summary judgment movant. This case matter was handled by Robert A. Cardali, Esq., with the assistance of outside appellate counsel, Mischel & Horn, P.C.
Labor Law 240(1) - Appeal Won
Bronx County Construction Site Accident
November 9, 2023
In this matter to recover damages for a violation of Labor Law 240(1), the Appellate Division, First Department, determined that the placement of plywood over a bathtub created an elevated work platform under the statute, and thereby entitled the plaintiff to summary judgment. This case matter was handled by Robert A. Cardali, Esq., with the assistance of outside appellate counsel, Mischel & Horn, P.C.
U.S. District Court - Southern District of New York
Judge Denies Motion to Dimiss
May 13, 2024
A judge recently decided to deny our adversaries motion to dismiss on a wages and hours class action lawsuit. A portion of the claim has already been resolved for a small amount through Rule 68, which allows at least 14 days before the start of a trial for serving a judgment on an opposing party.