Court Dismisses Plaintiff’s Complaint Against Defendant Prime Contractor
In a decision dated October 2, 2013, Justice Alexander W. Hunter granted the defendant S.E.W. Joint Venture’s motion for summary judgment dismissing the plaintiff’s complaint against it, including those causes of action for common law negligence and violations of Labor Law §§200 and 241(6). The plaintiff sought damages for personal injuries allegedly sustained when she tripped and fell over rebar while working at the Catskill and Delaware Ultraviolet Light Disinfection Facility in Valhalla, New York. In dismissing the plaintiff’s complaint against the Joint Venture, the Court found that at the time of the accident, the plaintiff was working pursuant to a separate prime contract. As such, the Joint Venture neither supervised, directed or controlled the plaintiff’s work or had notice of the injury-producing condition.
Ramade v. C.B. Contracting, et al., Index No.: 21728/11E (Bronx Co. Sup. Ct., October 2, 2013)
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