Bender v. TBT Operating Corp.

OPINION OF THE COURT

Louis B. York, J.

The court recalls and supersedes its order of November 22, 2000 sua sponte, as follows:

This is an action in which plaintiff (a construction worker) seeks a damages award for injuries to him resulting from a fall in the course of his employment. While a variety of sections of the Labor Law and common-law negligence principles are involved in support of recovery for the plaintiff, of special moment is the claim against the third-party defendant employer that the “grave injury” standard of the Workers’ Compensation Law does not apply to a claim for…