KLRW Prevails in Pre-Answer Motion to Dismiss in New York Labor Law Case

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KLRW obtained a dismissal of all claims against its client at an early procedural juncture, by way of pre-answer motion pursuant to New York CPLR 3211(a). The case involved a plaintiff’s claim for personal injuries arising out of a construction site accident. Plaintiff allegedly became injured, when he stepped into a hole at the project that he claimed should have been covered. It was contended that KLRW’s client was the safety consultant at the project, and bore responsibility for causing the accident.

After oral argument on the motion to dismiss, the Court ruled from the bench that KLRW’s client was not liable as a matter of law, as the documentary evidence proved that the client did not violate any standard or the New York Labor Law.

For additional information regarding this matter, or if you have questions regarding New York Labor Law, please contact Michael S. Chuven, Esq. who handled the case for KLRW.