A New York appellate court ruled that a construction worker should have been granted summary judgment on his Labor Law claim for injuries from falling into a ditch.
Case: Sotelo v. TMR Contracting LP, No. 150865/16, 595676/17, 595871/19, 595006/2, 01/17/2023, published.
Facts and procedural history: Cristian Sotelo allegedly suffered injuries when he fell into a ditch that was covered with tarp-like material while taking a bathroom break from a construction project. He filed suit against TMR Contracting LP, asserting a claim for a violation of Labor Law Section 240(1).
Section 240(1) impose...
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