Court Splits on Defendant's Burden of Proof for Summary Judgment

A divided New York appellate court ruled that a general contractor was entitled to summary judgment dismissing a worker’s Labor Law claim predicated on a fall through a stairwell opening. Case: Poulin v. Ultimate Homes, No. 2016-00873, 11/07/2018, published. Facts and procedural history: Guy Poulin worked as a drywall installer. He allegedly suffered injuries at a residential construction site when he fell through the opening of an unfinished stairwell. Poulin filed a Labor Law action against the general contractor, the drywall subcontractor and the homeowners. The general ...