Triable Issue on Scope of Work Prevents Summary Judgment on Labor Law Claim

A New York appellate court upheld the denial of summary judgment on a worker’s Labor Law claim, not because of the homeowners' exemption applied by the trial justice, but because of a triable issue as to the type of work being performed. Case: Lopez v. Classic Day Care Corp., No. 2023-09164, 04/23/2025, published. Facts and procedural history: Esteban Mora Lopez allegedly suffered injuries while working on a construction project at premises owned by Jevgenija Lobica. He filed suit against Lobica, asserting a claim for a violation of Labor Law Section 240(1). Section 240(1) i...