Court Dismisses Complaint and All Cross-Claims As Against Defendant General Contractor

In a decision dated January 27, 2011 Justice Martin Solomon dismissed the plaintiff union tile-fitter’s complaint against the defendant “core and shell” general contractor because the general contractor did not owe the plaintiff, who tripped and fell into an open grease trap, a duty of care. The Court held that because the condition was created by the subcontractor of a second, “interior-fit-out,” general contractor, and there was no evidence of shared duties between the “core and shell” contractor and the “interior-fit-out contractor,” the Labor Law did not apply to the “core and shell” contractor.

Seifert v. The City of New York Industrial Development Agency et al., Index No. 14714/05 (Kings Co. Sup. Ct., January 27, 2011)

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