The Appellate Division, First Department, Affirms Dismissal of Labor Law Claims In Favor Of Traub Lieberman Client

In April 2023, the summary judgment motion of Traub Lieberman partners Lisa M. Rolle and Nicole Verzillo seeking dismissal of the claims asserted against the Defendant, a private university, was granted.  Upon appeal, the Appellate Division, First Department, affirmed the decision of the Supreme Court, New York County, dismissing the claims pursuant to Labor Law §§200, 240(1) and 241(6).  The Plaintiff was an employee of a nonparty moving and logistics company hired by the Defendant to move a large computer server rack, among other large items. The Plaintiff claims he was injured when the server fell on his foot.  Traub Lieberman successfully established that the Plaintiff is not among the class of persons entitled to the protections of the New York Labor Law. In review of the matter by the Appellate Division, First Department, the decision was affirmed.