Labor Law 241(6)
Decisions on claims that a violation of a specific Industrial Code rule caused a construction worker’s injury (Labor Law § 241(6)).
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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.
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.
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