N.Y. Judge Rejects ‘Recalcitrant Worker’ Defense in Finding City Liable for Injury

NEW YORK — A New York trial court justice has granted partial summary judgment to a commercial painter injured in a fall, finding the employer liable under the applicable labor law and rejecting the employer’s reliance on testimony that the worker may have refused safety devices.

New York County Supreme Court Justice Donna M. Mills said in her May 21 opinion that while the “recalcitrant worker doctrine” may permit an employer to escape liability in some circumstances, the supporting testimony offered by The City of New York was inadmissible hearsay.

Rafael A. Abrego was working as a laborer and painter …