A New York appellate court upheld a grant of summary judgment dismissing a Labor Law claim by a worker allegedly struck by an excavator.
Case: Mann v. Mezuyon LLC, No. No. 159185/16, 03/28/2024, published.
Facts: William Mann allegedly suffered injuries while working as a drill blaster at an excavation site when he was struck by an excavator machine.
Procedural history: Mann filed suit against Mayrich Construction Corp., asserting a claim for a violation of Labor Law Section 241(6).
Section 241(6) imposes a nondelegable duty on owners and contractors to provide reasonable and adequate prot...
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