Fourth Department Rules on Labor Law Claims
Mulcaire v. Buffalo Structural Steel Constr. Corp., 846 N.Y.S.2d 838 (N.Y. App. Div. 2007)
In this case, a construction worker and a family member alleged Labor Law and common law negligence causes of action for injuries plaintiff sustained while installing floor decking in a building undergoing construction. Plaintiff slipped and fell through an uncovered opening approximately 18 feet to the floor. The trial court granted in part and denied in part plaintiffs’ motion for summary judgment, and denied defendants’ motion for summary judgment. Defendants appealed.