Court Dismisses Complaint Against City Where Injured Plaintiff Was Struck By Construction Plate While It Was Being Moved In Roadway

In a decision dated July 26, 2022, the Hon. Lynn R. Kotler of New York County Supreme Court granted the motion for summary judgment of our client, the City of New York, seeking a dismissal of plaintiff’s causes of action for violation of Labor Law §§200, 240(1) and 241(6) and for common law negligence. The plaintiff, a Verizon employee, brought a personal injury action claiming he was allegedly struck by a construction plate while it was being moved at a Verizon project located in the roadway of 10th Avenue, between West 36th Street and West 37th Street, in Manhattan. In support of its motion, the City argued that plaintiff cannot prove the City had notice of the subject trench work condition and therefore cannot be held liable under Administrative Code §7-201(c)(2). The plaintiff argued that §7-201 is inapplicable and the City can otherwise be held liable under Labor Law §§200, 240(1) and 241(6) as owner of the public roadway. The City maintained that it lacked the requisite nexus to Verizon’s work and points to the fact that Verizon did not have a valid permit for the subject work. The Court determined that the City met its burden of setting forth evidentiary facts and granted it summary judgment dismissing all claims as to the City as a matter of law.

Conrad Powell v. The City of New York, Index No. 159841/2018 (Sup. Ct. N.Y. Co., July 26, 2022)

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This post was written by Sander Rothchild