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6/21/2007 Supreme Court Dismisses All Claims In Significant Wrongful Death Action Fuchs v. Austin Mall Associates, Queens Co. Index No. 23452/2004 Attorneys: Paul L. Kassirer Harry Steinberg Paul Kassirer and Harry Steinberg have obtained dismissal of all claims in a wrongful death case in which plaintiff's decedent was electrocuted while refurbishing an elevator. The decedent was an employee of an elevator repair company who was to install a new ceiling and floor in an existing elevator. While completing the installation of the ceiling, which involved standing on a ladder to hook up a new lighting fixture, the worker was electrocuted. His widow commenced an action against the building owner claiming negligence and violations of Labor Law sections 240(1), 241(6) and 200. One behalf of the building owner, we moved for summary judgment dismissing the complaint. Plaintiff conceded that Labor Law section 240(1) was not applicable because there was no fall from an elevation. The court dismissed the Labor Law section 200 and common-law negligence claims, holding that the defendant building owner did not supervise the manner and means by which the decedent did his work and that the decision to work with the power on was the decedent's own decision. The court dismissed the Labor Law section 241(6) claim holding that plaintiff had failed to identify, in his complaint of bill of particulars, an Industrial Code provision that imposed a specific duty that was violated and that was a proximate cause of the accident. |
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