April 18, 2024 – M&H Wins Reversal and Reinstatement of Labor Law Action Involving A Fall Into An Open Manhattan Manhole

In this action involving a Con Edison sub-contractor who was injured after falling through an open manhole, the Appellate Division, First Department, in accordance with M&H’s arguments on appeal, reversed the lower court’s order dismissing Plaintiff’s Labor Law claims, holding that an open manhole is an elevation-related risk that Labor Law 240(1) is intended to protect against and, further, that a question of fact exists as to whether the plaintiff’s underground inspection and repair of network distribution equipment was a protected work activity.

Clarke v. Consolidated Edison Company of New York