10.09.2025

Court Affirms Dismissal of Labor Law and Negligence Claims

We are pleased to share a significant appellate victory. The Appellate Division recently affirmed summary judgment in favor of our clients, dismissing all claims brought under Labor Law §§ 200, 240(1), and 241(6), as well as common-law negligence. 

The Court found that the work at issue fell outside the scope of Labor Law protections and applied the storm-in-progress rule to bar liability.  

In addition, the Court upheld the contractual indemnification claim, ensuring our client remains entitled to recover attorneys’ fees and litigation expenses. 

Congratulations to Christopher Simone and Nicholas Tam! 

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