Court Dismisses Complaint Against Defendant Joint Venture Contractor

In a decision dated August 18, 2016, Justice Marguerite A. Grays granted summary judgment dismissing the plaintiff’s complaint against our client, a joint venture consisting of Slattery Skanska, Inc., John P. Picone, Inc., James McCullagh Co., Inc., Picone/McCullagh Joint Venture and Perini Building Company, Inc.  In the complaint, the plaintiff brought causes of action against the joint venture for common law negligence and pursuant to Labor Law §§200 and 241(6). The plaintiff, a New York City Department of Environmental Protection employee, sought damages for personal injuries allegedly sustained when he slipped and fell on ice while entering a building at the Newtown Creek Wastewater Treatment Plant in Brooklyn, New York. In granting the motion, the Court held that because the plaintiff was not employed for the purpose of performing construction or repairs, he was not a member of a class protected by Labor Law §§200 and 241(6). In dismissing the common law negligence claim, the Court held that the defendant joint venture owed no duty of care to the plaintiff because he was not a third-party beneficiary to the contract between the joint venture and the NYCDEP.

Heavey v. A.J. Pegno Construction Corp., et al., Index No. 24910/2011 (Queens County Sup. Ct., Aug. 18, 2016)

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