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Plaintiff, a field technician employed by International Security Design, Ltd., sustained injuries from a fall off a ladder while installing a key box at Banco Popular. He initiated a lawsuit asserting claims under Labor Law §§ 200, 240 (1), and 241 (6). The Supreme Court initially denied the bank's motion for partial summary judgment on all claims. On appeal, the court affirmed the denial regarding the Labor Law § 200 claim, citing a material issue of fact. However, the appellate court reversed the Supreme Court's decision on the Labor Law §§ 240 (1) and 241 (6) claims, ruling that the installation of a key box constituted routine maintenance, not a protected activity like 'altering' or 'construction' under those specific statutes. Consequently, these particular claims were dismissed.
Acosta v. Popular is a workers' compensation case decided in Appellate Division of the Supreme Court of the State of New York. This case addresses legal issues related to compensation claims, benefits, and court rulings.
It is commonly referenced in legal research involving workers' compensation laws in Appellate Division of the Supreme Court of the State of New York.
Full Decision Text1 Pages
Plaintiff, a field technician employed by International Security Design, Ltd., sustained injuries from a fall off a ladder while installing a key box at Banco Popular. He initiated a lawsuit asserting claims under Labor Law §§ 200, 240 (1), and 241 (6). The Supreme Court initially denied the bank's motion for partial summary judgment on all claims. On appeal, the court affirmed the denial regarding the Labor Law § 200 claim, citing a material issue of fact. However, the appellate court reversed the Supreme Court's decision on the Labor Law §§ 240 (1) and 241 (6) claims, ruling that the installation of a key box constituted routine maintenance, not a protected activity like 'altering' or 'construction' under those specific statutes. Consequently, these particular claims were dismissed.
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