3/24/2020- Associate Mohammed Ayoub Wins Labor Law Summary Judgment
Representing the site owner and general contractor in Joseph Quevedo v. Macerich Property Management Company et al. in Suffolk County Supreme Court, Mo Ayoub successfully won summary judgment dismissing the entire complaint.
Plaintiff alleged that he slipped and fell on plastic sheeting that had been put down to protect the site’s concrete floor against staining from overspray of fireproofing. At the time of his accident, about two inches of fireproofing material overspray covered the plastic sheeting. He alleged negligence and violations of Labor Law §§ 200 and 241(6). Ayoub laid the groundwork for a successful motion in his litigation of the case through the discovery phase. Addressing the negligence and Labor Law § 200 claims in his motion, Ayoub showed the court through the EBT transcripts, affidavits and other evidence that the accident arose entirely from the means and methods of plaintiff’s employer, without any direction or control from the owner or general contractor, and without any involvement of a dangerous condition chargeable to either.
Ayoub successfully advanced the legal argument that the principal Industrial Board rule on which plaintiff based his Labor Law § 241(6) claim , 12 NYCRR 23-1.7(d) relating to slipping hazards, could not sustain his case, since the protective sheeting was not a foreign substance slipping hazard contemplated by the rule and statute, but rather an integral part of his work, and thus not actionable. Ayoub also successfully argued that plaintiff’s allegation that defendants violated 12 NYCRR 23-1.30 relating to illumination, was too vague in this instance to support an inference that the lighting fell below minimum requirements.
The court granted summary judgment in favor of the owner and general contractor, dismissing the complaint in its entirety.