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Court Reinstates Construction Worker's Prematurely Dismissed Labor Law Claim

By WorkCompCentral

Monday, October 8, 2018 | 0

A New York appellate court revived an injured construction worker’s Labor Law claim, saying the suit should not have been dismissed on a motion for summary judgment prior to discovery. Case: Vitale v. 3800 Broadway Associates, No. 570563/17, 10/04/2018, published. Facts: John Vitale worked as an electrical apprentice. He injured his back while transporting heavy pipes in areas involving different elevation levels at a construction site. Procedural history: Vitale filed a Labor Law claim against the property owner of the construction site, and others. The defendants moved for summary j...

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