BM&S associate Leslie Luke secures successful defense in construction accident case

Black Marjieh & Sanford LLP (Westchester, NY)

Black Marjieh & Sanford LLP Associate Leslie Luke successfully defeated plaintiff’s appeal of the denial of a motion for summary judgment in the First Department. The case involved a construction accident in which the plaintiff alleges to have fallen on debris and a wet, greasy substance in a claimed passageway. Plaintiff moved for summary judgment under Labor Law 241(6), claiming a violation of New York Industrial Code 23-1.7(d). The plaintiff’s motion was denied in the lower court. Plaintiff appealed, and Luke successfully argued that the plaintiff had failed to meet his burden and that a question of fact existed as to whether the claimed substance constituted a foreign substance under the Industrial Code. On behalf of their contractor client, thanks to Luke’s compelling arguments, the First Department unanimously affirmed the lower court’s denial of Plaintiff’s motion for summary judgment.