Worker Who Fell Into Trench Prevails on Labor Law Claim

A New York appellate court upheld a grant of summary judgment on a worker’s Labor Law claim from his fall into a trench at a construction site. Case: Rubio v. New York Proton Management LLC, No. 155828/17, 03/04/2021, published. Facts: Manuel Rubio suffered injuries while working at a construction site where a 3-foot trench was covered by a sheet of plywood. As Rubio walked across the plywood, it gave way and caused him to fall into the trench. Procedural history: Rubio filed a Labor Law claim and moved for summary judgment as to liability under Section 240(1), which imposes...