Lorin A. Donnelly secured a significant appellate victory in Mann v. Mezuyon, LLC, prevailing before the New York Court of Appeals in a precedential decision with significant implications for Labor Law § 241(6) litigation. At issue was whether the Appellate Division, First Department correctly dismissed Plaintiff’s Labor Law § 241(6) claim predicated on 12 NYCRR § 23-4.2(k). This Industrial Code provision provides that “[p]ersons shall not be suffered or permitted to work in any area where they may be struck or endangered by any excavation equipment.” Due to a split in authority between the Appellate Divisions as to whether the provision was sufficiently specific to support a Labor Law §241(6) claim, the Court of Appeals granted Plaintiff leave to appeal. The Court of Appeals found that the provision is too vague and does not set forth a specific positive command.  The Court reasoned that the provision does not set clear standards, such as required distances, specific safety measures, or defined protections for particular workers, but instead uses broad and subjective terms like “area” and “endangered,” offering little guidance on compliance. As a result, the Court of Appeals held that the provision is insufficiently specific to support a Labor Law § 241(6) violation. This result not only preserved the dismissal of Plaintiff’s claim but also created powerful statewide appellate authority to challenge similarly pleaded Labor Law §241(6) claims predicated on general, non-specific Industrial Code provisions.

Practice Area: Appellate Practice, Construction Accidents & NY Labor Law