8/9/2021- MMG Wins Summary Judgement Dismissing Negligence and Labor Law Claims
In the case of Charlis Felix Polonia v. 14 Sutton Tenants Corporation et al., Index number 23490/2017E, MMG won summary judgement for defendant Central Construction Management, dismissing Labor Law section 200, 240(1) and 241(6) claims.
Plaintiff was employed as a helper by the third-party defendant masonry contractor. He was assigned to perform power washing on the outside of a building, which task he was to perform from the top of a sidewalk bridge. After working in one area, he walking along the sidewalk bridge to work at a different area around a corner of the building. Plaintiff testified that there was a three-foot difference in height from the section of the bridge where he was walking to the section around the corner. He tripped on a plank near the corner and fell from one level to the next.
The Court found that Polonia "was not exposed to a physically significant elevation differential in order to afford him the extraordinary protections under Labor Law §240(1)". Considering all of the facts, the Court found the height difference in the top of the sidewalk bridge at its corner to be "de minimus". In addition, the Court found through photographic and other evidence advanced by MMG that the sidewalk bridge was in all respects in compliance with the Industrial Code, and accordingly the Court dismissed the Labor Law §241(6) claim. Finally, the Court found that there was no genuine question of fact that Central Construction Management did not supervise and control plaintiff's work, and had no notice of the plank he allegedly tripped over. the Court therefore dismissed the negligence and Labor Law §200 claims against Central Construction Management as well.