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Court: Defendant Should Have Been Granted Leave to Amend Answer

Thursday, January 13, 2022 | 0

A New York appellate court ruled that a defendant in a Labor Law action should have been granted leave to amend its complaint to assert an exclusive remedy defense and that the worker should not have been granted summary judgment. Case: Chen v. 111 Mott LLC, No. 157115/16, 12/28/2021, published. Facts and procedural history: Xiyi Chen filed suit against H&M Contractors Inc. and others for alleged violations of the Labor Law. Chen then moved for summary judgment on his Section 240(1) claim against H&M. Section 240(1) imposes absolute liability on property owners, gener...

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