Myricks v. Hiawatha Realty Corp‪.‬

Pursuant to an amended complaint dated February 18, 2004, plaintiffs Robert L. Myricks and Margaret Myricks brought causes of action against defendants Hiawatha Realty, Corp., et al. for negligence, violations of NY Labor Law §§ 200, 240 and 241(6), and loss of consortium. The court in a February 25, 2004 order dismissed the negligence and Section 200 causes of action on defendants motion. By notice of motion dated April 14, 2005, defendants sought summary judgment dismissal of the complaints remaining causes of action. By notice of cross-motion dated May 2, 2005, plaintiffs sought summary judgment in their favor on the issue of liability on the Labor Law Sections 240(1) and 241(6) causes of action. Oral argument took place at a regular motion term on May 17, 2005. At that time, counsel for plaintiffs agreed that defendants were entitled to summary judgment on the Section 241(6) claim, thus narrowing the scope of the disputed motion to the Section 240(1) cause of action.