New York Court of Appeals
Raul Salazar v. Novalex Contracting Corp., (And a Third-Party Action.)
November 21, 201118 N.Y.3d 134
Summary
The New York Court of Appeals reversed the Appellate Division and granted summary judgment in favor of the defendants, dismissing the plaintiff’s Labor Law §240(1) and §241(6) claims. The majority held that requiring a protective cover over the trench would be impractical and contrary to the work plan, and therefore the statutes did not apply. Chief Judge Lippman dissented, arguing that genuine factual issues remain regarding the need for a protective device and that the majority misapplied Wilinski. The dissent would have affirmed the Appellate Division’s decision.