At noon on February 25, 2015, our client, then a thirty-six (36) years old man, was
working as a drywall taper inside of a 2 nd floor apartment located at 56 W. 75 th Street in
Manhattan. At the time of his fall, the four story residential building of 56 W. 75 th Street was
undergoing a renovation. The defendant owner of the property, hired defendant contractor to
perform general contracting services. Defendant contractor then subcontracted with Plaintiff’s
employer to complete the project.

Our fell six (6) feet from an unsecured, mobile scaffold, without guardrails, which he was
instructed to use on an inherently dangerous wooden floor. The scaffold tipped over as a wheel
plunged through a rotting and dilapidated floor board. He was not provided with any safety
equipment whatsoever, as specified under Labor Law § 200, § 240(1), § 241(6), nor was any
made available. Plaintiff was granted summary judgment as to liability on the grounds that
defendants violated Labor Law § 240(1).

He fell completely onto the floor, without hitting anything on the way down. His head,
specifically his forehead above the left eye, left hand, left knee, and both feet hit the floor. He
coughed up blood and his chest hurt making it difficult to breathe. He felt immediate pain to his
body.

EMS took him to New York-Presbyterian Hospital, where he presented with a hematoma
and laceration to the left eye, and complained of left arm and hand pain and chest pain. CT scan
revealed a nondisplaced fracture of the left lamina papyracea and fracture of the left medial orbital
wall. X-ray of the left wrist revealed a triquetral fracture.

As a result of the fall, he underwent reconstruction of the orbital floor with titanium implant,
lateral canthotomy of the left orbit, left internal canthus repair, and tarsorrhaphy of the left eyelid.
He also underwent arthroscopic surgery to repair the left wrist fracture. Additionally, he tore his left
knee, which required arthroscopic surgery. Due to severe back pain caused by lumbar disc bulging,
he underwent a decompressive lumbar laminectomy surgery with medial facetectomies and
decompression. Additionally, he suffered dental injuries to multiple teeth, as well as neurological
injuries that caused post-concussive syndrome and headaches.

This case was zealously litigated by our team of trial attorneys for four years. Despite the
defendants appealing the summary judgement decision, and notwithstanding a private mediation
that failed to yield what we considered a fair recovery for our client, we persevered to obtain the
best possible recovery for our client.