Segal McCambridge Secures Summary Judgment Dismissing Labor Law and Negligence Claims in New York Supreme Court

Segal McCambridge secured a complete summary judgment victory in New York Supreme Court, New York County, dismissing all claims and cross-claims against its municipal client in a personal injury action arising from a worker’s fall from a ladder while cleaning a cooling tower. 

Our team, led by Shareholders Carla Varriale-Barker and Jeffrey Marchese, moved for summary judgment on claims brought under New York Labor Law §§ 240(1), 241(6), and 200, as well as common-law negligence. The plaintiff alleged that his elevated work cleaning the cooling tower triggered liability under the so-called “Scaffold Law.” 

In a detailed Decision & Order, the Court agreed with the defense. The Court held that the plaintiff’s work constituted routine, recurring maintenance and was unrelated to any ongoing construction, demolition, renovation, or repair project. As a result, Labor Law §§ 240(1) and 241(6) did not apply. 

The Court further determined that there was no evidence that the municipal defendants exercised supervisory control over the plaintiff’s work or created a dangerous condition sufficient to sustain claims under Labor Law § 200 or common-law negligence. 

Accordingly, the Court granted summary judgment in favor of the municipal defendants, dismissed the complaint in its entirety as against them, and dismissed all related cross-claims. 

This decision reinforces the important distinction between routine maintenance and protected construction activity under New York Labor Law and highlights the value of developing a detailed factual record on the nature of the work performed.