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Boulhosa and Cahill Obtain Summary Judgment in Precedent-Setting Labor Law Case for Gas Station Lessee

June 8, 2021

Michael Boulhosa (Partner-White Plains, NY | New York, NY) and John Cahill (Associate-White Plains, NY) obtained summary judgment on a high-exposure labor law matter in New York Supreme Court, Kings County for a gas station lessee. The case involved an incident in which the plaintiff sustained injuries while working on a sign pole, located on the premises leased by Wilson Elser’s client. Although the lease agreement required the lessee to maintain the property, the lease included an Annual Sign Lease that required the owner to make all necessary repairs. Michael and John moved for summary judgment after the Note of Issue was filed on the grounds that their client could not be considered an agent under the Labor Law. Applying the facts of the case to precedent, Michael and John successfully argued that since the insured did not contract, supervise or control the method and means of the injury-causing work, it could not be considered an agent under Labor Law 200, 240(1) and 241(6). The court adopted all arguments, holding that admissible evidence, including plaintiff's own testimony, demonstrated that the insured could not be held liable as a matter of law. 

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