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Loftus Successfully Argues Appeal at Fourth Department; Labor Law Case Dismissed

Buffalo, NY — On June 9, 2017, the Fourth Department dismissed the plaintiff’s Labor Law cause of action in the case of Berner v. Town of Cheektowaga. The plaintiff in that case was a laborer who was making minor repairs to an abandoned property in the Town of Cheektowaga. Attorney Kevin Loftus successfully argued for the Fourth Department that the Town of Cheektowaga was neither an “owner” nor a “general contractor” as those terms are defined under New York State Labor Law. The Fourth Department agreed with Mr. Loftus’s position that the Town was not responsible for coordinating and/or supervising the plaintiff’s work on the site. At most, the Town of Cheektowaga simply reviewed the end product to confirm that the work on the abandoned property was completed. The Fourth Department dismissed the plaintiff’s complaint in its entirety against the Town of Cheektowaga.


The appellate brief was written by our associate, Nicholas M. Hriczko, Esq. The appeal was argued by partner, Kevin E. Loftus, Esq.


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