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Justice Wayne Saitta

 

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Plaintiff brought an action to recover for injuries he sustained while he was working inside a waste digester tank that was located at the New Town Creek Waste Treatment Facility in Greenpoint, Brooklyn. At the time of the accident, plaintiff was hosing down sludge in the tank to allow it to be pumped out of the tank in preparation for the tank being demolished. Plaintiff’s original complaint did not allege any violations of the New York State Labor Law. Plaintiff subsequently moved for summary judgment on his Labor Law 241(6) claim and to renew that part of his original motion seeking leave to amend his complaint to add a Labor Law 240(1) violation, as well as for summary jugdment on that proposed claim. The court, among other things, determined that plaintiff submitted sufficient evidence to show that there was a safety device, in the form of an elevated work platform, that could have prevented his injury, which was caused by a falling sludge pile that he was liquefying in the course of his work. The court further determined that plaintiff, who was not elevated at the time of his accident, was therefore entitled to amend his complaint to add a claim pursuant to Labor Law 240(1).

Justice Wayne Saitta

 

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Plaintiff brought an action to recover for injuries he sustained while he was working inside a waste digester tank that was located at the New Town Creek Waste Treatment Facility in Greenpoint, Brooklyn. At the time of the accident, plaintiff was hosing down sludge in the tank to allow it to be pumped out of the tank in preparation for the tank being demolished. Plaintiff’s original complaint did not allege any violations of the New York State Labor Law. Plaintiff subsequently moved for summary judgment on his Labor Law 241(6) claim and to renew that part of his original motion seeking leave to amend his complaint to add a Labor Law 240(1) violation, as well as for summary jugdment on that proposed claim. The court, among other things, determined that plaintiff submitted sufficient evidence to show that there was a safety device, in the form of an elevated work platform, that could have prevented his injury, which was caused by a falling sludge pile that he was liquefying in the course of his work. The court further determined that plaintiff, who was not elevated at the time of his accident, was therefore entitled to amend his complaint to add a claim pursuant to Labor Law 240(1).