In a decision dated February 10, 2016, Justice Donna M. Mills granted the summary judgment motion of our client, the Metropolitan Transit Authority Capital Construction Company, dismissing the plaintiff’s complaint in its entirety. The plaintiff sought damages for personal injuries allegedly sustained while working on a project involving the extension of the #7 New York City subway train tunnel. The plaintiff alleged that he was struck in the head by a bag of steel plates that had been thrown down a ventilation shaft. In dismissing the plaintiff’s complaint, the Court found that the defendant’s evidence sufficiently established that it was neither the owner, agent of the owner nor the general contractor of the project so as to entitlement to dismissal of plaintiff’s Law §§ 200, 240(1) and 241(6) causes of action as it was not proper labor law defendant.
Elefante v. JF Shera Construction, Inc. et al., Index No. 104367/2011 (N.Y. Co. Sup. Ct., Feb. 10, 2016)
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