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Labor Law Claim Should have been Dismissed

 Court Says Worker's Labor Law Claim against Synagogue Should Have Been Dismissed:

 

 

A New York appellate court ruled that a synagogue was entitled to summary judgment dismissing a worker's Labor Law claim based on his alleged fall from a ladder while installing decorative panels at its yeshiva.

 

Case: Adika v. Beth Gavriel Bukharian Congregation, No. 2013-06941, 07/23/2014, published.

 

Facts: The Beth Gavriel Bukharian Congregation hired Meir Adika to paint decorative images on large wooden panels and to install these panels on the walls of its yeshiva (the location where it held its classes for Talmudic study).

 

Adika allegedly suffered injuries when he fell off a ladder while doing the installation work.

 

Procedural History: Adika sued the congregation for a violation of Labor Law Section 240(1).

 

The congregation moved for summary judgment dismissing his claim, but Queens County Supreme Court Justice David Elliot denied its motion.

 

Analysis: The Appellate Division's 2nd Department said that the commission's motion should have been granted.

 

Section 240(1) applies to workers engaged in the "erection, demolition, repairing, altering, painting, cleaning or painting" of a building, and the court said the congregation had made an adequate showing that Adika was not engaged in an activity protected under Section 240(1) at the time he was allegedly injured. Since Adika failed to rebut the congregation's evidentiary showing, the court said that no triable issue of fact as to his claim remained and it should have been dismissed.

 

Disposition: Reversed.

 

To read the decision, click here.

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