January 31, 2024 – M&H Wins Reversal and Reinstatement of Labor Law 241(6) Claim Involving Queens County Construction Site Accident

In this Labor Law appeal, the Appellate Division, Second Department, in accordance with M&H’s arguments on appeal, reinstated the Labor Law 241(6) claim, holding that the defendants’ submission of the plaintiff’s testimony in moving for summary judgment had raised a triable issue of fact regarding whether protective eye wear was provided at the worksite, thereby preventing the defendants from meeting their prima facie burden as summary judgment movant.

Argueta v. City of New York