An electrician allegedly fell off a ladder while he was working on the ceiling of a New York City bus depot. The man sued the City of New York basing his lawsuit on the Labor Lawâ€™s Sections 240 and 241 according to a recent New York Law Journal article. The city tried to get this complaint dismissed by asking the court for summary judgment. If summary judgment were granted, then it would mean that the case would have been thrown out. If summary judgment was denied, then the case would be allowed to proceed to trial due to a factual discrepancy between the parties.
The reason New York City wanted the case dismissed was that they claimed they were an â€œout of possession landlordâ€ and that the MTA owned the bus depot. Additionally, the city said they they did not â€œown or maintain the premises.â€ In New York Cityâ€™s view, this would absolve them from having to pay out on any claim the electrician made.
The court did not grant the city summary judgment for a few reasons. The court found that the city could not prove it was not a â€œfee ownerâ€ of the bus depot because it did not give the court records that someone else owned the property or was the landlord.
In addition, the court found that the electrician could be connected to the city through a 1953 lease between the city and the New York City Transit Authority (NYCTA). The NYCTA had hired a contractor at that bus depot, which was the contractor that hired the electrician. Thus, the city was connected to the electrician in a way that could make them responsible for his fall under the Labor Laws cited.
Jayson Lutzky is an accident and person injury attorney. He has over 30 years of experience practicing law in New York. The lawyer offers free in person consultations, but if you have been seriously injured, hospital and home consultations are available. Call 718-514-6619 to set up an appointment. You may be entitled to a large cash settlement as compensation for pain and suffering, medical bills and lost wages. Visit www.MyNewYorkCityLawyer.com to learn more.