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Appellate Division Holds that Plaintiff – Decedent’s Actions are Sole Proximate Cause of Injuries

The Appellate Division, Second Department upheld the lower court’s decision which granted summary judgment to our client, construction manager Pami Construction Corp, in a wrongful death/Labor Law action. In Sonia Areli Amaya Serrano v. Sophia Popovic, Pami Construction Corp. v. Baschnagel Brothers, Inc., 91 A.D.3d 626, 936 N.Y.S.2d 254 (2d Dept 2012), the Second Department affirmed the denial by the Supreme Court, Queens County, of plaintiff’s motion for summary judgment on liability pursuant to Labor Law 200, 240(1) and 241(6).

Our office successfully argued the plaintiff-decedent’s unilateral decision to climb onto the roof of the main house where he was specifically instructed to not work, and where there was no safety equipment, was the sole proximate cause of his injuries. Plaintiff’s failed to raise a triable issue of fact in opposition.