https://lnkd.in/eEE2TwiB. A Big Labor Law Win for Michael Flake in New York County Michael Flake won summary judgment in New York County in a difficult Labor Law case. While on a skyscraper rooftop, plaintiff, a commercial window washer, was walking on the building roof at ground level when he allegedly slipped on moisture present on a metal grated platform cover, causing several injuries, including multiple lumbar surgeries. The court ruled that the evidence presented revealed no such gravity-related elevation hazard necessitating any safety devices of the kind required under Labor Law §240(1). As to Labor Law §241(6), plaintiff was engaged in routine window washing preparation and maintenance, which is not a protected construction activity under the statute. The Court also dismissed the negligence claim for lack of actual or constructive notice in that Plaintiff himself testified that he did not observe any moisture or foreign substances on the grated metal cover during his inspection minutes before his accident. Plaintiff also had walked over the metal grille without issue just moments prior to the incident. Plaintiff did not oppose Flake’s argument that the window cleaning regulation Labor Law §202 did not apply to this case.
About us
Founded in 1992, Harrington Ocko & Monk LLP is a full-service law firm with offices in White Plains, NY and New York City. Our lawyers have a wide breadth of experience in insurance defense, commercial and business litigation, construction, business and corporate matters, real estate and financing transactions, professional liability litigation, trademark and copyright law, employment law, trusts and estates and outside general counsel services. We provide our clients with the best of both worlds, combining big firm experience with small firm personal service. At Harrington, Ocko & Monk, our attorneys take the time to thoroughly understand our clients’ businesses and work together, often collaborating among practice groups, to provide high-quality, efficient and effective legal representation. The firm’s practice groups have represented a diverse client base, including both regional and national businesses, in multiple industries such as major insurance carriers, educational and other not-for-profit institutions, construction managers and contractors, moving and storage companies, manufacturers, real estate investors, owners and developers and professional service firms. For more information about Harrington Ocko & Monk LLP, please visit our website: http://www.homlegal.com.
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http://www.homlegal.com
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- White Plains, NY
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- 1992
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- Insurance Defense, Commercial Litigation, Real Estate/Transactional, Corporate, and Trusts and Estates
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Employees at Harrington, Ocko & Monk, LLP
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Scott M.
Transactional attorney and outsource general counsel. M&A, start-up and day to day counseling. Technology, media and telecom.
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Ihor Paul Howansky
Partner at Harrington, Ocko & Monk, LLP
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Glenn Monk
Owner, Harrington, Ocko & Monk
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Michael Freudenberg
Partner at Harrington, Ocko & Monk LLP -