Appellate Division, Second Department Affirms Dismissal of Action Against Defendants

In a unanimous decision dated August 16, 2017, the New York State Appellate Division, Second Department affirmed the lower court’s dismissal of the plaintiff’s complaint including those causes of action for common law negligence and violations of Labor Law §§200, 240(1) and 241(6) as to our clients, Hill International, Inc., Lemley Hill International, Inc., Lemley International Inc., LIRO Engineers, Inc. and A Daniel Frankfurt Engineers & Architects/HDR Inc., A Joint Venture. The plaintiff sought damages for personal injuries allegedly sustained while working on a project involving the extension of the #7 New York City Subway Tunnel. The plaintiff alleged that he fell from a stack of blasting masts while he was in the process of descending same. In affirming the lower court’s decision, the Appellate Division held the defendants’ evidence that they were not agents of the MTA and neither instructed nor supervised plaintiff was sufficient to make a prima facie showing of the entitlement to judgment as a matter of law, dismissing plaintiff’s causes of action for common law negligence and violations of Labor Law §§200, 240(1) and 241(6).

Lamar v. Hill Int’l, Inc., 153 A.D.3d 685 (2d Dep’t 2017)

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This post was written by Sander Rothchild