Practice point: Plaintiff was injured by an unguarded saw blade while working at a site located in New Jersey. At the time, he was aware that the part he was fabricating was going to be installed at a Manhattan construction site owned and operated by defendants. Plaintiff filed several claims grounded in Labor Law §§ 200, 241. The Appellate Division affirmed dismissal, as the protection afforded by the Labor Law does not extend to accidents that occurs outside New York State.
Student note: The Labor Law's protection does not apply to out-of-state accidents even if all parties are New York domiciliaries.
Case: Osborn v. 56 Leonard LLC, NY Slip Op 03246 (1st Dep't 2016)
Here is the decision.
Monday's issue: Rear-end collisions and an inference of negligence.