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Hattar Obtain Dismissal of High Exposure Labor Law Case; Plaintiff's Settlement Demand $3 Million

June 13, 2014

Jacqueline Hattar (Partner-White Plains) obtained a voluntary dismissal in a high-exposure labor law action on behalf of a Queens-based subcontractor in the New York State Supreme Court, New York County.  At the time of the alleged accident, the plaintiff, a 35-year-old construction worker, was performing masonry repairs to the exterior of a six-story landmark building in Lower Manhattan. The plaintiff claimed that while performing the repairs, he used an elevated make-shift work platform that consisted of two unsecured ladders and a loose wooden planking, which suddenly collapsed, causing him to fall. He alleged that the defendants violated Labor Law §§ 200, 240(1), and 241(6). As a result of the accident, the plaintiff claimed that he was permanently disabled and unable to return to work.            

Based upon the results of the firm’s investigation, the documentary evidence submitted and key admissions which the defense was able to elicit during the depositions of the plaintiff and the other defendants, the defense established that it was the general contractor’s employees who had placed the ladders and the planking in that specific area of the building, and that the general contractor alone exercised supervisory control over the work that the plaintiff was performing at the time of the alleged accident. The plaintiff’s settlement demand was $3 million. The action is continuing against the building owner, the management company, and the general contractor.

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