After oral argument, the Appellate Division, First Department unanimously upheld the decision granting summary judgment for MSSSVâs client, Alert Glass & Architectural Metals Corp., in an action involving claims of Labor Law 240(1), 241(6) and 200. Plaintiff sustained an injury when he fell from a ladder while working on the installation of a store front window frame. Alert Glass had contracted with the general contractor for the installation of the doors and windows. Alert Glass, in turn, contracted with plaintiffâs employer, Proper Construction for the installation of the glass. Alert Glass was not on location for the entire time and did not direct or supervise the plaintiffâs work. Justice Braun of New York County granted our motion for summary judgment dismissing the Labor Law claims, as well as the general negligence claim against Alert Glass. The decision was appealed by both the plaintiff and the co-defendants, who argued that Alert Glass was a statutory agent of the general contractor and thus, liable under the Labor Law. The Appellate Division rejected the arguments of opposing counsel and upheld the dismissal in favor of Alert Glass. No further appeals are expected.
