News Brief

Johnson and Boulé Secure Summary Judgment and Client’s Contractual Indemnification

October 17, 2019

Eugene Boulé (Partner-New York) and Tara Johnson (Associate-New York) obtained summary judgment on behalf of a general contractor in a Labor Law case in Supreme Court, Suffolk County. Plaintiff, an employee of our client’s subcontractor, initially testified that his injury occurred inside the kitchen when a wooden 2x4 became dislodged from the wall; he later amended his bill of particulars to conform to the version of the accident testified to by his father and brother, who claimed that plaintiff was walking outside the house when another worker threw a window from the second floor. Following discovery, we filed a motion for summary judgment seeking dismissal of plaintiff’s common law negligence and Labor Law §§ 200, 241(6), and 240(1) claims and contractual indemnity from the plaintiff’s employer. We argued that the testimony of plaintiff’s brother and father should be disregarded as physically impossible and contradictory to other evidence. We further argued that, among other things, our client did not exercise sufficient authority over plaintiff’s work or have notice of any alleged dangerous condition. The Court agreed on all counts and dismissed the complaint in its entirety.  Further, the Court verified our client’s contractual indemnification, including defense costs from the plaintiff’s employer. 

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