Labor Law 200

• October 20, 2026 First Department

  400-Pound Beam and a Wet Floor: A Worker’s Testimony That He Also Slipped Sends His Labor Law 240(1) Claim to Trial (Mema v Procida Constr. Corp., 1st Dept 2026)

  Labor Law 240(1) may cover a worker hurt when a heavy object he is carrying falls even a short distance, but if the record shows another possible cause, the question may be left for trial. Here, the First Department modified the order to deny a worker’s motion for summary judgment under Labor Law 240(1), because he testified that his foot slipped on a wet floor within a split second of a 400-pound beam falling onto it and that he did not know which happened first.

  Labor Law 240(1)Labor Law 200Summary Judgment

• October 14, 2026 Second Department

  Porter Struck by Loose Plywood: No Scaffold Law Claim, but Labor Law 200 Reaches Beyond Construction Sites (Neil v Areeba, Inc., 2d Dept 2026)

  Labor Law 240(1), often known as the Scaffold Law, protects workers engaged in certain kinds of work on a building or structure, but not routine maintenance, while Labor Law 200’s duty to keep a workplace safe is not limited to construction work. Here, the Second Department held that a porter struck by loose sheets of plywood could not add a Labor Law 240(1) claim to his case, but should have been allowed to add a Labor Law 200 claim.

  Labor Law 240(1)Labor Law 200Premises

• October 7, 2026 Second Department

  Late Motion Could Not Defeat a Worker’s Labor Law 240(1) Claim, but His Late Industrial Code Amendment Failed Too (Cambero-Minaya v 211 Schermerhorn Dev., LLC, 2d Dept 2026)

  After the note of issue is filed, deadlines bind both sides: a late summary judgment motion without good cause must be denied without considering the merits, and a late change to the bill of particulars ordinarily needs special and extraordinary circumstances. Here, the Second Department reinstated a worker’s Labor Law 240(1) and related claims because the owner and general contractor moved too late, but left his Labor Law 241(6) claim dismissed because he sought to add Industrial Code sections about nine months after the note of issue.

  Labor Law 240(1)Labor Law 241(6)Labor Law 200Summary Judgment

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Decision Day summarizes and comments on published court decisions. It is general information, not legal advice, and reading it does not create an attorney-client relationship. Every case depends on its own facts. Unless an entry says otherwise, The Eskesen Law Firm did not represent any party in these cases.