May 2019

Lata vs. The Rector Church Wardens and Vestrymen of Grace Church et al. 

In a Labor Law § 240(1) action, involving the fall by a worker from a scaffold, in the defense of the plaintiff’s employer, we successfully obtained summary judgment and the dismissal of the third-party complaint asserted against our client by establishing that there was no written agreement to indemnify.  The Court agreed with our arguments that the work being performed by the plaintiff at the time of the accident was not contained within the scope of work of the contract between the property owner and our client, but instead, was performed pursuant to a different, verbal agreement.