Labor Law Action Against Residential Property Owner Revived

A New York appellate court revived a worker’s Labor Law action for his alleged injuries from a deck construction project, finding there was a triable issue as to the level of control the property owner exercised over him. Case: Walsh v. Kenny, No. 2021-07009, 09/27/2023, published. Facts: Patrick Walsh allegedly suffered injuries while removing and replacing boards on a backyard deck at a residence owned by Edward Kenny. Procedural history: Walsh filed suit asserting claims for negligence and violations of the Labor Law. Kenny moved for summary judgment dismissing the complaint. Suff...