Conflicting Evidence Precludes Summary Judgment on Labor Law Claim

A New York appellate court ruled that a Labor Law claim could not be decided on summary judgment because there were triable issues as to whether a statutory exemption applied. Case: Whiting v. Nau, No. 534688, 12/08/2022, published. Facts: Todd Nau and Scott Dolphin owned and lived on a property in the Village of Trumansburg that included a home and a two-story barn. Nau and Dolphin hired Alan Whiting’s employer to renovate the barn into living spaces, and Whiting was sent to work on the project. While he was working in September 2018, the ladder Whiting needed was unavailable, so he...