In a unanimous decision dated October 9, 2025, the Appellate Division, First Department affirmed the lower court’s dismissal of the plaintiff’s claims under Labor Law §§200 and 241(6) and for common law negligence against our clients, Downtown NYC Owner, LLC, Clarion Partners, LLC, Murray Hill Properties LLC and MHP Real Estate Services LLC.  The plaintiff claimed that he tripped on debris, specifically discarded tiles, while he was pushing a cart of the tiles and other debris.  The defendants were able to show that the debris he allegedly tripped on was the very same debris he was hired to clean up.  The plaintiff unsuccessfully argued that the act of pushing the cart and the actual cleanup of the debris were two separate jobs.  However, this argument was rebutted by the defendants who showed that plaintiff’s employer, and the plaintiff specifically, were hired to clean up the debris and, as such, could not hold the defendants liable for any dangerous condition the plaintiff was hired to remedy.   

Luis Murillo v. Downtown NYC Owner, LLC et al., – N.Y.S.3d –, 2025 WL 2857067, 2025 N.Y. Slip. Op. 05574 (1st Dep’t 2025)