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New York Construction & Labor Law

In the world of personal injury litigation, perhaps no claim is more difficult to defend than one brought under the incredibly burdensome New York State Labor Law Statutes. Almost any accident on a construction site, especially those involving elevation-related hazards, may subject owners, general contractors and subcontractors to liability and, in some cases, absolute liability. The defense must focus on defeating liability, transferring risk and reducing the damages claim.

The attorneys in Marshall Dennehey's New York Construction and Labor Law Practice devote almost the entirety of their practices to New York Labor Law litigation. Our team has decades of experience handling the most complex construction site accident cases throughout the state. From issues involving contractual indemnification and insurance coverage to the ever-evolving application of Labor Law 240, our attorneys remain at the forefront of this rapidly changing area of law.

Representing public and private owners and developers, general contractors, construction managers and all manner of subcontractor trades, our attorneys defend claims arising out of all aspects of the construction industry. These include claims involving the use of scaffold systems, shoring, demolition and heavy machinery in industrial, commercial and residential projects.

Our attorneys are familiar with the full range of construction business practices, management and field personnel, and record-keeping procedures which help yield a cost-efficient and strategic defense. With a proactive and aggressive approach, the team anticipates issues and potential problems with ready and creative solutions. Marshall Dennehey's construction litigators are experienced in successfully resolving New York Labor Law cases through mediation or motion practice and, when necessary, provide a vigorous defense at trial.

Marshall Dennehey's New York Construction and Labor Law Practice serves clients in the five boroughs of New York City and throughout the state of New York.

Results

Notable Victory Obtained in a New York Labor Law Action

We obtained a significant win in a New York Labor Law action, securing partial summary judgment for a municipal library and defeating the plaintiff’s motion for summary judgment on liability. The plaintiff alleged negligence and violations of Labor Law §§ 200, 240 and 241(6) after sustaining injuries when roof trusses collapsed on a construction project managed by a co-defendant on property owned by the municipal library. He claimed the collapse resulted from inadequate bracing. Following discovery, the plaintiff sought summary judgment under Labor Law § 240, asserting absolute liability against the library as the property owner. We opposed the motion and sought partial summary judgment dismissing all claims against the non-property-owning clients, all but the § 240 claim against the library, dismissal of the co-defendant’s cross-claims, and contractual and common law indemnification from the plaintiff’s employer. The court denied the plaintiff’s motion after finding questions of fact as to whether the plaintiff was the sole proximate cause of the accident. The court also granted our motion, dismissing all claims against the non-property-owning clients, all but the § 240 claim against the library, dismissing the co-defendant’s cross-claims, and granting the library unconditional contractual indemnification from the plaintiff’s employer prior to any finding of liability.

Affirmance Achieved in Dismissal of All Claims in New York Labor Law Matter

We successfully achieved affirmance of the trial court’s decision to dismiss all claims against a property owner and designer in a New York labor law matter. The plaintiff was injured when he fell from a ladder stacked atop a bakers scaffold while performing renovation work on a four-story brownstone. The 16-foot ladder and the scaffold were provided by his employer—the general contractor—and set up at his employer’s discretion. The plaintiff filed an action against the owner of the property and the designer, alleging violations of various labor law claims, including labor law Sections 240(1), 241(6) and 200. The defendants’ motion for summary judgment, seeking a dismissal of all claims, was filed after the plaintiff’s depositions but before any of the defendants were deposed and with extensive discovery outstanding. The plaintiff opposed the motion and cross moved to compel further discovery. The Supreme Court granted the defendants’ motion for summary judgment, dismissing all claims as the property owners qualified for the owner and two-family dwelling exception to the labor law. The trial court held that the defendants did not direct, supervise or control any of the plaintiff’s activities. Therefore, according to the affidavit, the single-family home exception did not apply. After oral argument, the Appellate Division affirmed the trial court’s decision with costs.

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

Result

No-Cause Jury Verdict Secured in Wrongful Death Trial

We successfully obtained a no-cause jury verdict in a 13-day wrongful death trial. The decedent, a 59-year-old man, was admitted to the emergency room on February 15, 2019, with complaints of abdominal pain, decreased appetite, and constipation, despite the use of laxatives. The patient did not complain of any nausea, vomiting, or diarrhea. He had a significant medical history including diabetes, hypertension, prior coronary artery stenting, morbid obesity (with past gastric bypass surgery), longstanding ventral hernia, and back pain. A CT scan revealed multiple hernias and a potential closed-loop bowel obstruction, leading to a surgery consultation. Our client, an emergency general surgeon, interpreted that the patient did not have a closed loop or any significant obstruction and recommended non-surgical management. The patient was approved to have clear liquids, and had a vomiting incident shortly after, but our client was not notified. The patient was returned to NPO status, and after improving overnight, he was returned to “clears” and additional medical and renal consults were ordered. Our client did not receive any communications from the residents/nurses of any changes in the patient’s condition. On February 18, 2019, two rapid responses were called due to increased heart rate and vomiting. It is believed that the vomiting resulted in aspiration, causing sepsis, ultimately leading to the patient’s death. During the trial, the plaintiff’s sole medical expert highlighted imaging on the wrong hernia, which called into question all of his opinions in the case. We made key objections related to the expert testimony, limiting what the allegations were, and preventing new allegations from being made. After approximately two and a half hours of deliberating, the jury returned a no-cause verdict. 

Thought Leadership

Ohio Supreme Court Holds That a Binding Appraisal Award May Not Be Set Aside Absent Specific Evidence of Manifest Mistake or Fraud

On July 23, 2026, the Ohio Supreme Court issued a rare opinion on the binding effect of an appraisal award in a property insurance policy.  The Court in One Church held: A binding appraisal award will not be set aside unless an error is so palpably wrong that it undermines the intent of the agreement, such as corruption or gross mistake, not a mere error of judgment—To plead a claim of mistake with particularity as required by Civ.R. 9(B), facts alleged in a complaint must constitute the elements of mistake—Allegation that additional, hidden damage was discovered after appraisal award failed to state a claim of mistake that could justify setting aside binding appraisal.  The case arose out of a claim brought by One Church against its insurer, Brotherhood Mutual Insurance Company for roof damage from a storm. Pursuant to the terms of the insurance policy, the parties agreed to submit the matter to appraisal. The two appraisers inspected the building, and both appraisers agreed that the damages were $313,271.98. The insurer paid the agreed appraised amount.  Thereafter, the insured submitted a claim for an additional $206,663.09 in damages. The insured argued that these additional damages were not discovered until after the repairs began, and that they should be permitted to submit an additional claim, even though there had already been a binding appraisal of damages. The insurer refused to pay the additional damages, and the insured sued for breach of contract and bad faith.  In the trial court, the insurer moved to dismiss for failure to state a claim, arguing that the binding appraisal award barred any further claims. The insured took the position that additional hidden damages could not be discovered until after the repairs began, and therefore there was a mutual mistake. The trial court dismissed the case on the insurer’s motion, because there was no “evidence of fraud, misfeasance, or mistake”. The Court of Appeals agreed that appraisal awards are generally binding, but noted that an appraisal award can be set aside for fraud or manifest mistake. The Court of Appeals reversed and remanded the case to the trial court, finding that the insured had pled mistake with sufficient particularity. The insurer appealed to the Ohio Supreme Court. On appeal, the Ohio Supreme Court reversed the Court of Appeals, and reinstated the trial court decision dismissing the case for failure to state a claim upon which relief can be granted. The Supreme Court found that since the insured had already demanded appraisal, and the appraisal award was binding, “something more than error of judgement, such as corruption in the arbitrator, or gross mistake” must be pled with particularity, and proven for the insured to override the appraisal award. Since the complaint did not allege fraud or manifest mistake with sufficient particularity, something more than a mere error of judgment, the complaint was insufficient to state a claim.  The complaint in this case did not challenge the appraisal award. It pled that additional damages were discovered that were not apparent when the appraisal was done. It did not specify “who discovered the damages, how they were discovered, where they were found, why they were previously hidden, or why they rise to the level of a manifest mistake that the “appraiser would have corrected...had it been called to his attention”. Id at ¶22 citing Lakewood Mfg. Co. v. Home Ins. Co. of New York, 422 F.2d 796, 798 (6th Cir. 1970). Cases deciding the effect of appraisal awards are unusual. The Ohio Supreme Court’s decision in One Church relies primarily on 19th century case law for its conclusion. This emphasizes the fact that there is minimal case law deciding the effect of binding appraisal clauses in property insurance policies, and makes this case all the more significant. A lengthy dissent was written by Justice Fisher, who would have affirmed the Court of Appeals decision reversing and remanding the case for a decision on the merits. Of course, the decision works both ways, and an insurer dissatisfied with a binding appraisal award will likewise be without further recourse absent evidence of corruption, fraud, misfeasance, or manifest mistake, which must be pled with particularity. To constitute manifest mistake, “the mistake must be of such character that the arbitrator or appraiser would have corrected it had it been called to his attention.”  Lakewood Mfg. Co. v. Home Ins. Co. of New York, 422 F.2d 796, 798 (6th Cir. 1970).  The majority opinion does not specifically identify what would have been sufficient to plead mistake with particularity, or if the insured could have amended the complaint to overcome the deficiencies. The dissent argues that this was not really a case alleging mistake, but rather a question of contract interpretation. The insured did not challenge the appraisal, but argued that the hidden damage was not part of the appraisal, and the appraisal only covered the known damages.  However, this argument did not carry the day with the majority.