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High Court Overturns Summary Judgment on Labor Law Claim for Worker's Fall

By Sherri Okamoto (Legal Reporter)

Friday, March 31, 2017 | 1621 | 0 | 0 min read

New York's highest court on Thursday overturned a finding of liability under the Labor Law for a worker's fall on an exterior staircase. Thomas O'Brien Jr. slipped while descending a rain-slicked set of steel steps, and there was conflicting expert opinion as to whether the outdoor stairwell was compliant with industry safety standards.  While the majority said evidence of such compliance alone would not prove compliance with the Labor Law, the court said the dueling expert testimony gave rise to triable questions of fact as to whether the staircase provided adequat...

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