In a decision dated April 11, 2025, Hon. Andrew J. Cohen of Bronx County Supreme Court denied plaintiff’s motion for partial summary judgment on his Labor §§240(1) and 241(6) claims and granted our clients the City of New York and New York City Department of Transportation’s motion for an Order dismissing the complaint and all cross-claims as against them as a matter of law. The plaintiff, an employee of non-party O’Grady Plumbing, claims he was injured at a construction project on a sidewalk and in the street in front of the premises known as 4257 Katonah Avenue, Bronx, New York. He allegedly sustained personal injuries resulting from a metal pipe weighing approximately 4000 pounds that fell into the trench where plaintiff was working in and struck him in the back. Plaintiff alleged that the City defendants are strictly liable because the City of New York is the owner of the street and sidewalk where the accident occurred. The Court determined that the City defendants did not own the building or structure which contracted for the work, had no involvement with the project in question, other than bureaucratic requirements that the plumbing contractor had to fulfill, and had no duty to provide protection. As such, the Court held that the City defendants were not owners within the meaning of the Labor Law thereby resulting in the dismissal of the complaint and all cross-claims as to the City defendants.
Ismajl Mustafaj v. The City of New York et al., Index No. 800323/2022E (Sup. Ct. Bronx Co., Apr. 11, 2025)