August 9, 2011

Labor Law.

Practice point: Performing construction work for purposes of § 240(1) and working at a construction site for purposes of § 241(6) are distinguished from fabricating and transporting materials to be used in ongoing work at the construction site. 

Student note: Dispositive for dismissal was the fact that, at the time of his injury, plaintiff was engaged in the fabrication and loading of steel at his employer's Bronx facility, not in performing construction work at the construction site in Queens.

Case: Flores v. ERC Holding LLC, NY Slip Op 06187 (1st Dept. 2011).

Here is the decision.

Tomorrow's issue: Setting aside a jury verdict.