Kagan v. BFP One Liberty Plaza
62 A.D. 3d 531
(1st Dep’t), 879 N.Y.S.2d 119, lv. to appeal denied, 13 N.Y.3d 713 (2009)
Bob Brown successfully argued the inapplicability of the New York Labor Law absolute liability statute, Section 241 (6), (as well NY Labor Law Section 200’s codification of common law negligence), to a respiratory claim by a maintenance worker in a building across the street from the World Trade Center during the aftermath of the 9/11 tragedy. Following full discovery Bob obtained a summary judgment dismissal of the Complaint against the building owner which had contracted with the plaintiff’s employer; the appellate division affirmed; and plaintiff’s attempt to have the decision voided by arguing lack of subject matter jurisdiction and preemption under the Air Transportation Safety and System Stabilization Act of 2001, 49 USC §40101, was rejected by the Court of Appeals when it denied plaintiff’s motion for leave to appeal.
To date it is the only such case of its kind to have been tested through the entire New York State Court System.