Worker Hit by Falling Tree Gets Summary Judgment on Labor Law Claim

A New York appellate court upheld a grant of summary judgment in a Labor Law claim by a worker injured by a falling tree. Case: Ells v. City of Niagara Falls, No. 644 CA 23-00874, 10/04/2024, published. Facts: Timothy Ells worked for the general contractor hired by the City of Niagara Falls for a roadway rehabilitation project. The job included the erection of a pedestrian bridge. Ells and his co-workers were removing trees to ready the site for construction of the pedestrian bridge when a tree fell and struck Ells. Procedural history: Ells filed suit against the city, asser...