Judith Maxwell And Steven Dyki Win Summary Judgment In Suffolk County Labor Law Case

On August 9, 2016, Judith Maxwell and Steven Dyki won summary judgment dismissing the plaintiff’s complaint against the owner of the premises in Duarte v. 713 Ocean Road, LLC, Index No. 13533/2013 (Sup. Ct. Suffolk County). The plaintiff claimed that he fell into an empty pool while working at a renovation project at the subject premises, and that the defendants, including the owner, were negligent and violated Labor Law sections 200, 240 and 241(6). Ms. Maxwell and Mr. Dyki argued that the limited liability company that owned the home as a single family residence for its members did not control the plaintiff’s work or have notice of any hazardous conditions, and was exempt from the provisions of the Labor Law. The Court granted the motion and dismissed all claims against the owner.