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Cash and Graham Obtain Summary Judgment in Kings County Labor Law Case

November 9, 2020

Joshua Cash (Partner-New York) and Omar Graham (Associate-New York) represented a major American telecommunications company before the Kings County Supreme Court, Second Judicial District in a Labor Law case in which the plaintiff alleged substantial personal injuries sustained while digging a utility trench, when his co-worker struck him with the bucket portion of an excavator truck. The plaintiff alleged that our client hired his employer to perform the alleged work but failed to provide a safe place to work in violation of New York Labor Law. Josh and Omar attempted to resolve the matter based on an investigation that revealed our client had no relationship with the plaintiff’s employer, nor the alleged work being performed at the alleged loss location; they even assisted plaintiff’s counsel in identifying the correct defendant for several months. Ultimately when it was clear plaintiff’s counsel was unwilling to discontinue the case against our client, Josh and Omar moved for summary judgment. Justice Dawn Jimenez-Salta granted their motion finding that plaintiff’s argument that a contract may exist, without further proof, was insufficient to raise a triable issue of fact as to the client’s involvement in the project.

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