Practice point: Plaintiff was injured by an unguarded saw blade while working at a site located in New Jersey. At the time, he was aware that the part he was fabricating was going to be installed at a Manhattan construction site owned and operated by defendants. Plaintiff filed several claims grounded in Labor Law §§ 200, 241[6]. The Appellate Division affirmed dismissal, as the protection afforded by the Labor Law does not extend to accidents that occurs outside New York State.
Student note: The Labor Law's protection does not apply to out-of-state accidents even if all parties are New York domiciliaries.
Case: Osborn v. 56 Leonard LLC, NY Slip Op 03246 (1st Dep't 2016)
Here is the decision.
Monday's issue: Rear-end collisions and an inference of negligence.
