Court Dismisses Labor Law Complaint In Its Entirety Against Defendants Where Plaintiff Was Injured When He Fell Into An 18 Inch Elevator Pit While Pulling a Dolly

In a decision dated May 14, 2020, the Hon. Margaret A. Chan of the New York County Supreme Court dismissed the plaintiff’s entire complaint, which alleged causes of action pursuant to Labor Law §§240(1), 241(6), 200 and for common law negligence against our clients, NYY Steak Manhattan, LLC (“NYY Steak”) and Plaza Construction Corp. (“Plaza”). The plaintiff, a steamfitter, employed by Day & Nite Refrigeration, alleged that he sustained personal injuries when he was transporting a refrigeration unit at a renovation project. NYY Steak was the lessee of the property and it retained Plaza as the construction manager for the project. The plaintiff alleged that he was walking backwards while pulling a dolly which held a refrigeration unit, as his co-worker was pushing the cart. While doing so, the plaintiff stepped on a piece of wood and then fell into an elevator pit that was 18 inches deep. The Court dismissed the plaintiff’s Labor Law §240(1) claim. It held that this section did not apply to the plaintiff’s fall into an 18 inch hole as he was performing his assigned task of delivering a refrigeration unit while pushing a cart. The Court also dismissed the plaintiff’s §241(6) claim on the ground that none of the Industrial Code Rules alleged by the plaintiff applied. Additionally, the Court dismissed the plaintiff’s Labor Law §200 and common law negligence claims based on the absence of any evidence that NYY Steak or Plaza supervised or controlled the injury-producing work or that it created the alleged dangerous condition or had notice of it prior to the accident.

Kevin McGonigal v. NYY Steak Manhattan, LLC, et al., Index No. 158327/2013 (N.Y. Co. Sup. Ct. May 14, 2020)

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