In a decision dated September 28, 2012, Justice Louis B. York granted defendants One Bryant Park LLC, One Bryant Park Development Partners LLC, The Durst Manager LLC and Tishman Construction Corporation of New York summary judgment dismissing the plaintiff’s complaint sounding in common law negligence and violations of Labor Law §§200 and 241(6). The plaintiff, an employee of non-party Almar Plumbing and Heating Corporation, claims that he sustained injuries on September 2, 2008, when his foot slipped on an unsecured piece of masonite while exiting an elevator at a construction site located at 1111 Avenue of the Americas, New York, New York. The masonite had been placed over the newly installed vinyl laminate flooring to protect it from foot and wheel traffic during the remainder of the construction process. The project at the premises, known as “One Bryant Park”, entailed the new construction of a commercial building with interior corporate offices, amenities and retail space. The Court determined that the defendants were entitled to summary judgment dismissing the plaintiff’s common law negligence and Labor Law §200 claims because the defendants did not supervise, direct or control the plaintiff’s work. Regarding the plaintiff’s Labor Law §241(6) claim, the Court determined that the Industrial Code Rules cited by the plaintiff did not apply to the facts of the case. Of particular note, the Court held that the masonite was not a foreign substance for the purposes of Industrial Code Rule 23-1.7(d), which pertains to slipping hazards, because it was intentionally placed on the floor and there was no indication that it was not supposed to be there.
Stier v One Bryant Park LLC, Index No.: 103134/09 (N.Y. Co. Sup. Ct., September 28, 2012)
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