In a decision dated October 8, 2025. Hon. Paul A. Goetz of New York County Supreme Court denied the plaintiff’s motion for partial summary judgment on his Labor Law §240(1) claims and granted our client, J.T. Magen and RXR Realty’s motion for summary judgment dismissing the plaintiff’s Labor Law §§200 and 241(6) claims as well as granting our clients contractual indemnification against third-party defendant, Toprock Interiors, Inc. The plaintiff, an employee of Toprock, claims that he fell when he was climbing down from a duct to his ladder when the ladder tipped over causing him to fall.  The Court held that the plaintiff established his entitlement to summary judgment by claiming the ladder was not suitable for the work.  The defendants were able to rebut the plaintiff’s showing by demonstrating, through an affidavit of a co-worker, that there was a question of fact as to whether the plaintiff was involved in an accident at all and that there was other contradictory testimony that demanded the Court deny the plaintiff’s Labor Law §240(1) claim. The Court also dismissed the Labor Law §200 claims because it was shown that our clients did not direct or supervise the plaintiff’s work.  It further granted the defendants contractual indemnity against Toprock based upon the “arising out of” language in the contract and the fact that our clients only had potential liability stemming from a statutory violation.  

Bentley Harry v. J.T. Magen & Company Inc. et al., Index No. 157592/2020 (Sup. Ct. N.Y. Co., Oct. 8, 2025)