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Keith M. Andresen

Co-Chair, New York Construction & Labor Law

Portrait of Keith M. Andresen

Keith is a shareholder in the Casualty Department and Co-Chair of the New York Construction & Labor Law practice. As an insurance defense litigator, he devotes his practice to premises liability, automobile liability and New York State Labor Law matters. He also has experience defending property damage and construction defect claims.

Keith also has experience assisting small businesses with proactive claim solutions. 

He graduated from Long Island University in 2003 with honors and earned his juris doctor from CUNY Law School in 2006 where he was a member of law review.

Outside of the office he enjoys spending his time with his wife and two children, watching the Mets and running.

    • City University of New York School of Law (J.D., 2006)
    • Long Island University (B.A., cum laude, 2002)
    • New York, 2007
    • U.S. District Court Eastern District of New York
    • U.S. District Court Southern District of New York
    • New York Metro Super Lawyer Rising Star, 2015-2017
    • New York State Bar Association
    • Secured a favorable decision from the Appellate Division, Second Department, in a premises liability action involving claims that two alleged trip-and-fall incidents exacerbated the plaintiff’s preexisting injuries. During discovery, the defense uncovered three undisclosed motor vehicle accidents that were potentially relevant to the plaintiff’s claimed injuries. After the trial court denied defendants’ motion to compel related records, Keith and Allison successfully appealed. The Appellate Division reversed and directed the plaintiff to provide authorizations for records relating to the undisclosed accidents for in camera review. The decision reinforces a defendant’s right to obtain discovery concerning prior and subsequent accidents when a plaintiff places the nature, extent, aggravation, or exacerbation of injuries at issue.

    • Successfully opposed the plaintiff’s motion to restore the action, resulting in the dismissal of all claims against our insured.​This motor vehicle accident on July 1, 2017. The plaintiff never properly effectuated service within the timeframe of CPLR 306-b, and the defendant moved to dismiss. The plaintiff then filed an order to show cause to vacate the dismissal. The defendant opposed this, and we substituted in for the defendant Vivek Soni. The court denied plaintiff’s order to show cause as the plaintiff did not show any reasonable excuse for failing to interpose opposition timely to the underlying motion. The prior order was not vacated, and the case was dismissed against our insured.

    • Successfully obtained dismissal of a premises liability action arising from an alleged sidewalk trip-and-fall after establishing that the plaintiff’s claims were barred by the statute of limitations. ​In this premises liability case, the plaintiff tripped and fell on the insured's sidewalk on July 18, 2021. However, the plaintiff missed the statute of limitations, and we filed a pre-answer motion to dismiss under CPLR 3211. After oral argument, our motion was granted, and the case was dismissed.
    • Successfully won a dismissal of a New York Labor Law case before the Supreme Court, New York County. ​Plaintiff's counsel withdrew from this case after potential fraud issues were raised by the defense. The plaintiff proceeded pro se and then did not appear at further court conferences. The judge later dismissed the case entirely. 
    • New York State Labor Law Primer, Marshall Dennehey Client Presentation, July 29, 2025

Results

Thought Leadership

Case Law Alerts

Labor Law § 241(6) Claim Fails as Court Finds Excavator‑Safety Provision Not Sufficiently Specific

July 20, 2026

In order to successfully invoke liability pursuant to Labor Law § 241(6), the plaintiff must plead and prove a violation of a specific conduct-regulating provision of the Industrial Code of the State of New York.  This statute imposes a non-delegable duty upon owners and contractors regardless of whether they exercise control. While the plaintiff does not have to prove actual negligence, they must show that a specific conduct-regulating provision of the Industrial Code was violated and that the violation constituted a departure from reasonable care and was a proximate cause of the accident. Ross v. Curtis-Palmer Hydro-Elec. Co., 81 N.Y.2d 494, 503-55 (1993). In Mann v. Mezuyon, LLC, et al., 2026 WL 1462931, 2026 N.Y. Slip. Op. 03257 (Court of Appeals May 26, 2026), the plaintiff was struck by the boom of a nearby excavator and alleged a violation of Section 23-4.2(k) of the Industrial Code. This Section states: “[p]ersons shall not be suffered or permitted to work in any area where they may be struck or endangered by any excavation equipment or by any material being dislodged or falling from such equipment.” The Appellate Divisions were spilt as to whether section was sufficiently specific to support a 241(6) claim- the First, Third and Fourth Departments held it was not specific enough while the Second Department held otherwise. The Court of Appeals in Mann eliminated this split and held that the section is not specific enough. The court’s rationale was that the section did not provide any action to address the safety concern in the provision. This decision is significant because it eliminates Labor Law 241(6) liability based upon an alleged violation of Section 23-4.2(k) of the Industrial Code.

Case Law Alerts

Court of Appeals Narrows “Arising Out of Performance of Work” Standard

April 1, 2026

In Dibrino v. Rockefeller Center North, Inc., (2025 N.Y. Slip Op 070077, December 18. 2025), the plaintiff-carpenter was injured while using an electrical subcontractor’s ladder at the worksite. The general contractor and owner sought contractual indemnification against the electrical subcontractor citing the “arising out of the performance of the work” provision within the contract. The electrical subcontractor moved to dismiss the contractual indemnification claims. The court of appeals found that the provision was not triggered due to the plaintiff’s unauthorized use of an unattended ladder instead of using the scaffold and ladder supplied by his co-worker. This seems to narrow the “arising out of work” trigger for contractual indemnity analysis. A subcontractor’s specific work and actions at any construction site must be scrutinized under this case in order to ascertain whether indemnity provisions are triggered.

Firm Highlights

Thought Leadership

What’s Hot in Workers’ Comp - News and Results*

RESULTS Lela Eke (Roseland) secured a significant victory in a catastrophic injury workers’ compensation matter involving an above-knee amputation and approximately $2 million in past medical bills. After more than a year of litigation over Motions for Medical and Temporary Benefits and a subsequent Motion to Compel/Payment of Bills, the claimant sought an order requiring payment of medical expenses for which certain providers had intervened and were pursuing their own claims through separate counsel. We argued that the intervenors’ bills were not properly before the court and should not be included in the MMT Order. The court agreed, finding that the bills were outside the scope of the MMT Order and further determining that the employer had complied with the other applicable requirements. As a result, the claimant’s counsel was not entitled to a potential 25% fee on the approximately $2 million in intervenors’ medical bills, preserving up to approximately $500,000 in potential savings. The ruling also preserved the client’s ability to negotiate the outstanding medical bills rather than requiring their immediate payment. Andrew Maffett (Harrisburg) obtained a favorable result in a Pennsylvania workers’ compensation matter. The matter involved the employer’s petitions to suspend and terminate workers’ compensation benefits arising from a July 22, 2024 work injury. With respect to the suspension petition, the employer presented fact-witness testimony that modified-duty work was available within the claimant’s treating physician’s restrictions. The judge credited that testimony and granted the suspension petition effective May 19, 2025. With respect to the termination petition, the employer presented testimony from an expert that the claimant had fully recovered from the work injury. The judge credited that testimony and granted the termination petition effective June 5, 2025. As a result, the employer was permitted to discontinue indemnity and medical benefits related to the July 22, 2024 injury and pursue supersedeas fund reimbursement for wage loss and medical benefits paid during the litigation. Perry Merlo (Harrisburg) secured a favorable decision in a Pennsylvania workers’ compensation matter involving a dispute over wage-loss benefits. The parties stipulated that the claimant had sustained a work injury but left unresolved whether he was entitled to indemnity benefits for the period from June 2, 2025, through November 17, 2025. The claimant testified that the employer had failed to accommodate his work restrictions during that time. In response, we presented testimony from an employer fact witness establishing that the claimant had been provided work within his restrictions without any loss of wages. The judge credited the employer’s witness over the claimant and denied the claim for approximately five months of wage-loss benefits, resulting in a favorable decision for the employer. William Murphy (Roseland) obtained a favorable resolution in a New Jersey workers’ compensation matter pending in Newark. The claim involved alleged injuries to the lower back, bilateral knees, and bilateral hands. We filed a motion seeking dismissal as to the carrier, arguing that coverage was not in effect on the date of the alleged accident. The judge granted the motion and entered an order dismissing the carrier from the case. William Murphy (Roseland) obtained a dismissal in a New Jersey workers’ compensation matter. The claim involved allegations of occupational exposure resulting in orthopedic, neurologic, and pulmonary disabilities. After numerous delays by the claimant’s counsel in prosecuting the matter, we successfully obtained a dismissal for lack of prosecution. The dismissal resulted in a complete resolution of the claim. William Murphy (Roseland) successfully dismissed a New Jersey workers’ compensation claim involving allegations of a decade-long occupational exposure. The claimant alleged orthopedic, neurologic, and pulmonary disabilities arising from the exposure. After the claimant’s counsel failed to take the necessary steps to advance the matter, we pursued dismissal for lack of prosecution. The court granted the request, bringing the claim to a complete and favorable conclusion. William Murphy (Roseland) successfully secured the dismissal with prejudice of two New Jersey workers’ compensation medical provider applications seeking a combined $71,534.47. The applications arose from medical treatment allegedly related to a September 11, 2021 workplace injury. We challenged the claims on jurisdictional grounds, arguing that the underlying accident occurred in New York and lacked a sufficient connection to New Jersey. Despite the two matters being assigned to different judges of compensation, both judges agreed with the jurisdictional argument and entered orders dismissing the respective claims with prejudice on July 23 and 24, 2026. The result eliminated $71,534.47 in claimed exposure. Tony Natale (King of Prussia) obtained a defense verdict in a workers' compensation case in Pennsylvania. The claimant sustained a work-related injury in the form of a bilateral knee strain during the course and scope of employment. She continued to treat for these injuries without cessation. She originally refused a job offer to return to work and continued treatment. A board-certified orthopedic surgeon who specializes in knee injuries examined her and found that despite the varied and somewhat bizarre subjective pain complaints, there were no objective corroborative findings to support ongoing injury or disability. This medical expert testimony was proffered and accepted by the court as credible, resulting in a full defense verdict. Michele Punturi (Philadelphia) successfully prosecuted a Termination Petition involving a 71-year-old certified nursing assistant who suffered a work injury to the lumbar spine with a pre-existing back condition, the latter of which the claimant denied. The defense medical expert, a Board-certified orthopedic surgeon with a specialty in surgical treatment of spinal injuries, examined the claimant and his opinions were found competent, credible and persuasive supporting a full recovery based upon a comprehensive physical examination, review of medical records and x-rays of the lumbar spine as well as three MRIs of the lumbar spine in 2023, 2024 and 2025 revealing no post-traumatic findings nor an aggravation of her pre-existing lumbar condition. Michele demonstrated claimant’s expert lacked the expertise and experience and his focus was on pain management. The judge rejected claimant’s medical expert as not credible even though he attempted to support an aggravation of her underlying degenerative disc disease. The judge further rejected claimant’s testimony given her efforts to unequivocally deny prior back injury going as far as to say it would be a lie to say she had a prior low back injury despite the medical records that clearly demonstrated prior treatment along with medication for her lumbar spine. Also, the demonstration of her sporadic treatment further supported a lack of credibility as did favorable surveillance showing her active.   *Prior Results Do Not Guarantee a Similar Outcome NEWS Judd Woytek (King of Prussia) is speaking at the National Comp conference in Las Vegas in September. He joins a group of panelists to present “Older, Wiser, But Costlier to Heal: What an Aging Workforce Means for Employers and for the Industry,” a discussion focused on the challenges employers face in balancing safety, compliance, and productivity as the workforce continues to age. Judd and his co-presenters will address proactive strategies to reduce workplace risk, support older employees, navigate age-discrimination and workers’ compensation issues, and build a safer, more resilient workforce. For more information, visit National Comp. Conference and Trade Show.