Court Upholds Denials of Summary Judgment, Discovery Sanctions in Labor Law Dispute

A New York appellate court upheld the denial of motions for summary judgment in a worker’s Labor Law claim based on his fall from a ladder, as well as a discovery sanction against a property owner who failed to preserve evidence. Case: Garcia v Emerick Gross Real Estate L.P., No. 2019-00108, 07/28/2021, published. Facts: Emerick Gross Real Estate L.P. hired Temperature Systems Inc. to make improvements to a boiler in a multifamily dwelling in Brooklyn. David Garcia worked for TSI. He allegedly suffered injuries when a ladder suddenly shifted and caused him to fall. Garcia claimed...