United States Second Circuit

District court judgment setting aside a jury verdict for defendants and concluding that defendants were liable as a matter of law under New York's Labor Law sec. 240(1), which establishes an absolute liability regime for certain types of elevation-related injuries, is certified to the New York Court of Appeals where: 1) the present action presents several questions regarding categories of liability under Labor Law sec. 240(1) that have not yet been addressed by the New York Court of Appeals; 2) the New York Court of Appeals is in a better position than the Circuit Court to interpret the intent of New York's legislature regarding a statute that imposes absolute liability, and the issue is an active and important area of state law; and 3) a response from the New York Court of Appeals will likely end this litigation.

Appellate Information

• Decided 06/10/2009
• Published 06/10/2009

Judges

• JOSÉ A. CABRANES, Circuit Judge:, Before:  CABRANES, HALL, Circuit Judges, and SWEET, District Judge.

Court

• United States Second Circuit

Counsel

• For Appellees:
  
• Steven J. Ahmuty, Jr., (Christopher Simone, on the brief), Shaub, Ahmuty, Citrin & Spratt, LLP, Lake Success, NY, for Defendants-Appellants New York Stock Exchange, Inc. and AMEC Construction Management, Inc. Co., LLC., Scott N. Singer, Sacks and Sacks, LLP, New York, NY, for Plaintiff-Appellee.