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Worker Whose Safety Device Failed Gets Summary Judgment on Labor Law Claim

Friday, July 24, 2026 | 0

A New York appellate court ruled that a worker who fell due to the failure of his safety device was entitled to summary judgment on his Labor Law claim. Case: Vargas v. 250 West 43 Owner LLC, No. 26446/19, 07/09/2026, published. Facts: Juan Vargas was using a chipping hammer to remove concrete on the first floor at a construction project when the floor collapsed, causing him to fall approximately 25 feet to the basement. Vargas had tied off to a beam on the first floor, using the harness and rope that were provided to him. As he lay on the basement floor after his fall, he saw that the rope...

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