Defendant Gets Partial Dismissal of Labor Law Claim; Worker Can Proceed With Negligence Claim

A New York appellate court ruled that a defendant was entitled to partial summary judgment dismissing an injured worker’s Labor Law claims against it, but the worker could proceed with his negligence claim. Case: DeMarco v. C.A.C. Industries Inc., No. 2020-05979, 10/08/2025, published. Facts: Peter DeMarco worked for the City of New York Department of Environmental Protection. C.A.C. Industries Inc. hired his employer to provide a backhoe loader and an operating engineer for repair work at an excavation site in Queens in January 2017. DeMarco claimed that the excavation walls coll...