7/20/2021-MMG Wins Summary Judgment Against Plaintiff and Wins Indemnity against Third Party
In the matter of Chacon v. 308 West 133rd Street LLC and Happy Living Development LLC, Index Number 508877/2017 in New York Supreme Court Kings County, MMG defended the owner and general contractor of a major construction project located in Brooklyn against plaintiff’s claims for injuries he allegedly sustained when a piece of grinded rebar flew into his eye at the jobsite. Plaintiff contended that the defendants did not provide him with appropriate eye protection in violation of Labor Law Sections 200, 241(6) and New York State Industrial Code Provision 23-1.8(a)(Eye Protection). MMG uncovered through rigorous investigation that plaintiff had removed his safety goggles shortly prior to the accident, contrary to the allegations set forth. In their motion for summary judgment to dismiss plaintiff’s claims, MMG successfully proved that there was no violation of Labor Law Section 241(6) and that MMG’s clients did not direct, control or supervise the injury-causing work at the time of the incident.
The Court also awarded MMG summary judgment on their third-party claims against plaintiff’s employer for contractual indemnification and breach of contract for failure to procure insurance. The Court held that MMG established their entitlement to reimbursement of all costs, disbursements and attorney’s fees from third-party defendant based on the contract entered into between the parties.