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Evidence of Fraud Derails Summary Judgment

By WorkCompCentral

Tuesday, May 17, 2016 | 0

A New York appellate court ruled that evidence of possible fraud in connection with a worker's execution of a release of liability precluded summary judgment on his Labor Law claim against a property owner. Case: Pacheco v. 32-42 55th St. Realty, No. 2015-02587, 05/11/2016, published. Facts: Galo Pacheco allegedly sustained injuries when he fell from a scaffold while he was working at a construction site.  He filed a Labor Law suit against the property owner, who then moved to dismiss his claim. The property owner claimed Pacheco had executed a general release, the terms of which ...

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