Court Dismisses Plaintiff’s Complaint in Its Entirety As to Defendants in Construction Accident Case Involving Plaintiff Who Was Struck By Perimeter Fence
In a decision dated May 29, 2020, the Hon. James Auguste of the New York County Supreme Court granted our client, the Metropolitan Transportation Authority (“MTA”), summary judgment dismissing the plaintiff’s entire complaint as against it. The plaintiff laborer was employed by the general contractor, non-party Plaza Construction (“Plaza”), on the construction of the Fulton Street Transit Center in Manhattan. The alleged accident occurred following the delivery of a dumpster container to the construction site. The plaintiff was attempting to close one of two gates that opened outward from a perimeter fence when a gust of wind allegedly blew the other gate into the plaintiff’s body, causing him to make contact with a dumpster container. The MTA sought summary judgment dismissing the plaintiff’s causes of action pursuant to Labor Law §§240(1), 241(6) and 200 and for common-law negligence, as well as dismissal of the claim for damages based on alleged hearing loss on the grounds that it was untimely due to the plaintiff’s failure to include this allegation in the Notice of Claim. The plaintiff did not oppose dismissal of the §§240(1) and 241(6) claims or the damages claim for alleged hearing loss. With respect to the Labor Law §200 and common-law negligence claims, the Court held that the MTA established as a matter of law that it neither created nor had actual or constructive notice of the alleged condition of the gate and the MTA did not have any supervisory control over this area or the plaintiff’s work.
James Stack v. Metropolitan Transportation Authority, et al., Index No. 157479/2014 (N.Y. Co. Sup. Ct., May 29, 2020)
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