In Stawski v. Pasternack Popish & Reif, 2008 NY Slip Op 07036 (Sept. 23, 2008), the plaintiff was struck by a falling cinder block that had been temporarily removed from a column and then returned to an open cavity in the column without being appropriately secured. The original attorneys failed to file a notice of claim against the municipal owner of the construction site (when you are suing a municipality, you must give them notice of your intention to file a claim -- usually within 90 days of the occurance), and the plaintiff's suit was dismissed.
The plaintiff then sued his original attorneys for malpractice. The attorneys argued that the underlying case lacked merit because Labor Law 240(1), the theory upon which it was alleged the case should have been brought, only applied to objects that were in the process of being hoisted or secured.
The parties agreed to the underlying facts of the case, and moved and cross-moved for summary judgment. The Civil Court found that there was a question of fact as to whether Labor Law 240(1) applied, and that the case should go to the jury. The attorneys then appealed to the Appellate Term, which reversed and granted summary judgment, finding that there was no Labor Law 240(1) case.
Now, after granting leave to appeal, the First Department has revesed the Appellate Term's decision and, on remand, has ordered that summary judgment be granted in favor of the plaintiff.
You can learn more about Labor Law 240(1) here. If you are looking for representation, feel free to contact me at Scott.Kreppein@gmail.com.
The plaintiff then sued his original attorneys for malpractice. The attorneys argued that the underlying case lacked merit because Labor Law 240(1), the theory upon which it was alleged the case should have been brought, only applied to objects that were in the process of being hoisted or secured.
The parties agreed to the underlying facts of the case, and moved and cross-moved for summary judgment. The Civil Court found that there was a question of fact as to whether Labor Law 240(1) applied, and that the case should go to the jury. The attorneys then appealed to the Appellate Term, which reversed and granted summary judgment, finding that there was no Labor Law 240(1) case.
Now, after granting leave to appeal, the First Department has revesed the Appellate Term's decision and, on remand, has ordered that summary judgment be granted in favor of the plaintiff.
You can learn more about Labor Law 240(1) here. If you are looking for representation, feel free to contact me at Scott.Kreppein@gmail.com.
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