Narrative Opinion Summary
In this appellate case, the plaintiff sought recovery for injuries sustained in a work-related accident while employed by Fat Free Systems, Inc., which had been contracted by Perkins Restaurants, Inc. to perform cleaning services at a restaurant location. The plaintiff alleged violations of Labor Law sections 240(1) and 241(6) following an incident where she fell from a ladder after cleaning kitchen exhaust systems. The defendants, Fat Free and Perkins, moved for summary judgment to dismiss the complaint, while the plaintiff cross-moved for partial summary judgment regarding the Labor Law 240(1) claim. The Supreme Court granted the defendants' motions concerning Labor Law 241(6) but denied them as to 240(1), also denying the plaintiff's cross-motion. On appeal, the court concluded that Section 240(1) did not apply to the plaintiff's routine cleaning activities in a non-construction setting, thereby reversing the lower court's decision on this claim and granting summary judgment in favor of the defendants, effectively dismissing the entire complaint. The plaintiff's failure to contest the dismissal of the 241(6) claim led to it being deemed abandoned. The appellate ruling modified and affirmed the prior decision without costs.
Legal Issues Addressed
Labor Law Section 240(1) Applicabilitysubscribe to see similar legal issues
Application: The appellate court determined that Labor Law Section 240(1) does not apply to routine cleaning work performed in a non-construction context, such as the plaintiff's activities at the time of the accident.
Reasoning: The appellate court found that the Supreme Court erred by not granting summary judgment on the 240(1) claim, as that statute does not apply to routine cleaning work performed in a non-construction context.
Labor Law Section 241(6) Claim Abandonmentsubscribe to see similar legal issues
Application: The plaintiff did not challenge the dismissal of the 241(6) claim, leading the court to consider the claim abandoned.
Reasoning: The plaintiff did not contest the dismissal of the 241(6) claim, which the court deemed abandoned.
Summary Judgment Standardssubscribe to see similar legal issues
Application: The appellate court modified the lower court's order to grant the defendants' motions for summary judgment in full, dismissing the entire complaint.
Reasoning: As such, the court modified the order to grant the motions in full, dismissing the entire complaint.