Beth Rogoff-Gribbins Obtains Summary Judgment in Supreme Court, Suffolk County

Beth Rogoff-Gribbins won summary judgment dismissing plaintiff’s complaint in Konkol v. Shinnecock Hills Golf Club (Index number 606185/2020), a Labor Law action.

The plaintiff was setting up temporary tents for the hosting of the US Open at Shinnecock.  We represent Shinnecock Hills Golf club and the United State Golf Association.  Plaintiff was standing on an unopened A-frame ladder when he fell.  He did not know what caused him to fall from the ladder.  Plaintiff moved for summary judgment under Labor Law § 240(1) and Labor Law § 241(6) predicated on a violation of § 23-1.21(b)(9) of the Industrial Code.  We cross-moved for summary judgment and dismissal of plaintiff’s complaint.  Our cross-motion was granted, and plaintiff’s motion was denied.

Supreme Court, Suffolk County Judge Modelewski dismissed plaintiff’s Labor Law § 200 claims since there was no defective condition and our clients did not supervise, direct, or control the means and methods of plaintiff’s work.  His Honor dismissed plaintiff’s Labor Law § 241(6) claims finding that the provisions relied upon by plaintiff either did not apply to the facts and circumstances of this case and/or were too general to establish liability under Labor Law § 241(6).  Finally, His Honor dismissed plaintiff’s Labor Law § 240(1) claims finding that plaintiff could not establish the proximate cause of his accident without resorting to speculation.

Accordingly, Judge Christopher Modelewski dismissed plaintiff’s complaint and marked his order as “Final Disposition”.