Steven Dyki

Steven Dyki Prevails On Labor Law Summary Judgment Motions In Ulster County

On November 21, 2019, Steven Dyki won dismissal of the plaintiff’s claims against one of our clients, and successfully opposed summary judgment against our other client in DeGraff v. Colontonio, Index No. 17-0911 (Sup. Ct. Ulster County). The plaintiff claims that he was injured during the course of his employment when, while applying Tyvek house wrap and standing on three or four plywood sheets that were resting on the forks of a lull, the plywood sheets tipped and he fell aproximately 16 feet to the ground below. The plaintiff claimed that the defendants, two married individuals who owned the residential premises were negligent and violated Labor Law 200, 240 and 241(6). Mr. Dyki argued that the plaintiff’s case against the wife, who exercised no control over the work, was entitled to dismissal of the plaintiff’s because she is exempt from liability under the Labor Law and was not negligent. Mr. Dyki argued that the plaintiff’s motion for summary judgment for liability against the husband should be denied because there were issues of fact as to whether the plaintiff was the sole proximate cause of the accident by virtue of refusing to use the available safety equipment at the site. The Court agreed and dismissed the case against the wife, and denied the plaintiff’s motion against the husband.