On June 7, 2018, Steven Dyki successfully obtained dismissal of the plaintiff’s claims for negligence and violations of Labor Law sections 200 and 240(1) in Cruz v. 1142 Bedford Avenue, Index No.: 505075/2013 (Sup. Ct., Kings County). Mr. Dyki also obtained dismissal of all of the plaintiff’s claims of violation of Labor Law section 241(6) except for those predicated on three sections on the Industrial Code, and obtained a denial of plaintiff’s motion for summary judgment on those sections. The plaintiff claimed that he sustained severe injuries to his hand in an unwitnessed accident, including amputations of his fingers that required surgical reattachment as the result of using an unguarded table saw at a construction site. Mr. Dyki argued that the uncontroverted evidence required dismissal of the plaintiff’s claims for negligence and violations of Labor Law 240(1), and that even though the Industrial Code sections cited by plaintiff appear to be applicable, there are issues of fact as to whether the accident actually occurred at the subject premises and whether the accident as described is physically possible. The Court agreed and dismissed the case except for the claims of Labor Law 241(6) predicated on violations of three Industrial Code sections pertaining to the use of an unguarded saw.
