Appellate Victory–Appellate Division, Second Department

Berardi v. Coney Island Avenue Realty, LLC
The Appellate Division, Second Department, affirmed the Supreme Court decision granting summary judgment to our client. At the time of the plaintiff’s accident, he was voluntarily cleaning leaves from a gutter of our client’s premises. Kathleen M. Mulholland successfully argued that the plaintiff was not a “worker” and, as such, was not entitled to the protections of Labor Law §240 and 241. Further, since the plaintiff’s work was cleaning and not construction work, it was not the type of work protected under Labor Law §240 and 241. Both the lower court and the appellate court agreed and dismissed the plaintiff’s case.