Jacqueline Hattar (Partner-White Plains, NY), John M. Flannery (Partner-White Plains, NY) and Karen Tommer (Of Counsel-White Plains, NY) obtained summary judgment on behalf of a Brooklyn property owner, dismissing the plaintiff’s complaint in a labor law/construction accident case in the New York State Supreme Court, Kings County. The plaintiff mechanic was installing electrical cables on the ground outside of the firm’s client’s warehouse when a wire dislodged from a cable box and struck him in the left eye, resulting in a severe laceration to the cornea that required surgical repair and loss of vision. The Plaintiff asserted New York Labor Law Sections 200, 240(1) and 241(6), and common law negligence claims against the firm’s client. After discovery was completed, Jackie, John and Karen moved for summary judgment, seeking dismissal of all claims, arguing the client did not direct, control or supervise any of the electrical work that the plaintiff was performing at the time of the accident. Additionally, they argued the New York State Industrial Code provisions, which plaintiff alleged in his Bill of Particulars, did not apply since he was not engaged in “construction, excavation or demolition” work at the time of the alleged accident and that the firm’s client did not have any prior notice of any dangerous condition. The court agreed with the arguments and dismissed the complaint. The plaintiff’s settlement demand was $1.25 million while the motion was pending.