On September 11, 2019, Isaak Manashirov successfully defended the plaintiff’s motion for summary judgment on liability for violation of Labor Law 240(1) and 241(6) in Marte v. The Brookdale Group, LLC, Index No. 521788/2017 (Sup. Ct. Kings County). The plaintiff claimed that he was injured during the course of his employment at a renovation project when, while attempting to reach over the edge of a parapet wall to grab a piece of plastic that had been covering the wall, he fell over the edge of the wall to the ground below. The plaintiff made an early motion for summary judgment on his claims for violation of Labor Law 240(1) and 241(6). Mr. Manashirov argued that: the plaintiff’s motion was premature because the plaintiff’s deposition had not been completed; there were issues of fact that the plaintiff’s actions were the sole proximate cause of the accident; our client was not a proper Labor Law defendant; and the alleged Industrial Code violations to support the Labor Law 241(6) claim are inapplicable. The Court denied the plaintiff’s motion.
