In a decision dated January 15, 2024, the Hon. Joy Campenelli of Kings County Supreme Court granted our summary judgment motion seeking dismissal of the plaintiff’s complaint and all cross-claims against our client, JT Magen & Company Inc. (“JT Magen”). The plaintiff, an employee of Sal’s Scrap Metal, alleged that he was injured while picking up debris from a construction project at 485 Lexington Avenue in New York, New York, when he was struck by a hook connected to a trailer winch that came loose from a dumpster. Our client had done work in the building previously, but was not the general contractor on the project that the plaintiff was working on when the accident occurred and had no connection to the accident. Ultimately, the Court agreed that JT Magen was not a Labor Law defendant, was not negligent and did not owe contractual or common law indemnity or contribution to any party.

Krzystof Torba v. Green 485 TIC LLC, et. al, Index No. 516622/2016 (Sup. Ct. Kings Co., Jan. 15, 2025)