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Worker Gets Summary Judgment for Accident at Job Site Without Fall Protection

Monday, April 15, 2019 | 85 | 0 | 69 min read

A New York appellate court upheld a grant of summary judgment to a construction worker for his fall at a job site that did not have fall-protection equipment. Case: Espinoza v. Fowler-Daley Owners, No. 8911 305358/14, 04/04/2019, published. Facts and procedural history: Edgard Espinoza suffered injuries in a fall at a construction site owned by Fowler-Daley Owners. He filed suit against Fowler-Daley, asserting a claim under the Labor Law. Espinoza moved for summary judgment under Section 240(1), which imposes an absolute duty on property owners to provide protection to workers from ele...

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