No Viable Labor Law Claim for Worker Injured in Fall

A New York appellate court upheld the dismissal of a worker’s Labor Law claim based on his injuries from cleaning the windows of a retail store. Case: Fuhlbruck v. 3170 Delaware LLC, No. 1236 CA 20-00135, 07/09/2021, published. Facts and procedural history: Paul Fuhlbruck filed a Labor Law action for injuries he sustained while cleaning the exterior windows of the store he managed, which was located on property owned by 3170 Delaware LLC. Fuhlbruck moved for summary judgment as to liability under Section 240(1), and Delaware cross-moved for summary judgment dismissing the complaint. ...