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Leddy and Levasseur Obtain Dismissal of Extremely Complicated NY Labor Law Case

October 2, 2020

John Leddy (Associate-New York) and Guy Levasseur (Partner-New York) obtained dismissal of a complex Labor Law claim pending before Judge Alan Marin in New York County, after winning multiple summary judgment motions and obtaining a denial of the plaintiff’s motion to amend the Complaint to add additional defendants. This case involved years of litigation as to a plaintiff HVAC installer who alleged he was injured in two separate accidents, occurring at two different buildings. The case had a value of $3.5 million or more, all of which would have passed through to the firm’s client, who was the plaintiff’s employer. John and Guy were successful, over the course of two oral arguments in having all claims dismissed and in preventing the plaintiff from adding new parties that would have impleaded the client (in essence it took three wins to end all claims against the client). We succeeded in dismissing the current claims for the first accident by arguing that NY Labor Law sections 240 and 241 did not apply to a construction worker walking on a permanent roof, regardless of the differing materials covering the roof and that any height differential was de minimus. As to the second accident, we argued that even if the work was covered under the Labor Law, moving an HVAC onto a dolly did not implicate Labor Law 200 or 240. The motion to amend, which was critical to the client, was defeated by John and Guy, who argued that for five years the plaintiff had repeatedly misidentified where his accidents took place and that allowing a further amended Complaint at this time would be prejudicial to the new defendants who no longer had records for events from more than seven years ago. As such, pending an appeal, a $3.5 million exposure to the client is eliminated, as all claims that would impact the client have been dismissed. 

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