Summary
The Appellate Division, Second Department reversed lower court orders granting motions to dismiss a plaintiff's common-law negligence claims against defendants under CPLR 3211(a)(7). Although the underlying accident occurred in New Jersey, rendering New York Labor Law provisions inapplicable, the court held that this fact alone does not warrant dismissal of a common-law negligence cause of action. The court affirmed that the complaint adequately pleaded a viable negligence theory and remanded the matter for further proceedings.
Topics
Practice areas
Questions Presented
- Whether the Supreme Court erred in granting dismissal of the common‑law negligence cause of action under CPLR 3211(a)(7) when the injury occurred outside New York.
- Whether the inapplicability of New York Labor Law provisions to an out‑of‑state accident is a proper ground to dismiss a negligence claim.
Holdings
- The Appellate Division reversed the dismissal and held that the negligence cause of action should not be dismissed merely because the injury occurred in New Jersey.
- The Court held that the Labor Law’s lack of application to an accident occurring outside New York is not a proper standalone ground to dismiss a negligence claim.
Key quotations
“In considering a motion pursuant to CPLR 3211(a)(7) to dismiss a complaint for failure to state a cause of action, the court must afford the pleading a liberal construction, accept the facts as alleged in the pleading as true, accord the plaintiff the benefit of every possible favorable inference, and determine only whether the facts as alleged fit within any cognizable legal theory.” (227 AD3d 916, 918)
“The protection afforded to New York employees by the Labor Law, including Labor Law §§ 200, 240(1) and 241(6), has no application to an accident that occurs outside New York State, even where all parties are New York domiciliaries.” (138 AD3d 624, 624)
Factual background
On August 28, 2021, while performing construction work at a property in New Jersey owned or controlled by the defendants, the plaintiff was injured by a falling radiator. The complaint alleged common‑law negligence and violations of New York Labor Law §§ 200, 240(1), and 241(6).
Procedural history
The plaintiff filed a personal injury action on Jan. 28, 2022 alleging negligence and Labor Law violations. The defendants moved to dismiss under CPLR 3211(a)(7). The Supreme Court, Queens County granted both motions, finding the complaint failed to state a cause of action because the injury occurred in New Jersey. The appellant appealed the dismissals.