Ironworker Gets Summary Judgment on Labor Law Claim for Fall

A New York appellate court upheld a grant of summary judgment on an iron worker’s Labor Law claim for his fall from a retaining wall he was using as a walkway. Case: Hovorka v. Applied Products Co. Inc., No. 24708/15E, 11/18/2021, published. Facts and procedural history: Shane Hovorka is an ironworker. He fell while walking along an elevated retaining wall to access a job site. He filed suit against Applied Products Co. Inc. for a violation of Labor Law Section 240(1), which imposes absolute liability on property owners, general contractors or their agents for failing to provide ...