5/27/2021-MMG Associate Mohammed Ayoub Wins Summary Judgement
Associate Attorney, Mohammed Ayoub, successfully moved for summary judgement dismissing all claims against MMG's client, the construction manger for a major ground-up construction in Queens. In Salvatierra v. Schuman 673/16 LLC et. al., plaintiff alleged that he fell from an inadequate ladder as he was installing a water meter in the ceiling of a tenant space in the building. Plaintiff injured his hand and knee, requiring him to undergo two serious surgeries. Plaintiff claimed that he was not provided adequate safety equipment to guard against the elevation related risk of the work. Plaintiff asserted claims of general negligence and violations of Labor Law Sections 200, 240 (1) and 241(6).
In his motion seeking dismissal, Mohammed argued that general negligence and Labor Law Section 200 were inapplicable because the construction manager did not exercise any control over the tenant space nor direct, supervise, or control the means and methods of the work or activity that allegedly caused plaintiff's injury. Accordingly, the construction manager could not have had notice of any dangerous condition at the tenant space project. With regard to the Labor Law Section 240 and 241 (6) claims, Mohammed contended that the construction manager did not have the requisite control or supervisory authority over the work that brought about plaintiff's injury to be deemed an agent of the owner or general contractor for the tenant space project. The Court granted summary judgement in favor of the construction manager, dismissing plaintiff's complaint in its entirety and all crossclaims.