In a decision dated October 8, 2025, Hon. Karen Lin of Queens County Supreme Court denied the plaintiff’s motion for partial summary judgment on his Labor Law §240(1) claim, granted our clients Archstone Builders LLC, 460 Rollover Sub LLC, and 460 W34 Owner LLC’s motion for summary judgment dismissing plaintiff’s Labor Law §200 and common law negligence claims and granted our clients’ motion for contractual indemnity against plaintiff’s employer, Metro R Services Inc. The defendants, 460 Rollover Sub LLC, and 460 W34 Owner LLC, owned the premises and contracted with Archstone as the general contractor to provide certain construction and renovation work at the premises. Archstone subcontracted with plaintiff’s employer, Metro, to perform façade repair work. In his capacity as a non-union mason, the plaintiff claims that while he was kneeling down on the platform of a scaffold accepting a bucket of materials from a co-worker on the ground, the guardrail of the scaffold broke, causing him to fall to the ground below. The Court denied the plaintiff’s motion and granted our clients’ motion in its entirety. The Court also denied Metro’s motion seeking dismissal of plaintiff’s complaint and the third-party complaint. In denying plaintiff’s motion, the Court found issues of fact regarding whether the plaintiff should have been tied off and whether plaintiff had knowledge that his co-worker removed the guardrail post pin in order to facilitate the work. With regard to our clients’ indemnity motion, the Court found a clear and enforceable indemnification provision in the Archstone/Metro purchase order.

Jorge Tiniganay v. Archstone Builders LLC et al., Index 711681/2020 (Sup. Ct. Queens Co., Oct. 8, 2025)