In a decision dated January 10, 2011, Justice Paul G. Feinman granted defendant the City of New York’s motion for summary judgment dismissing the plaintiffs’ claims for common law negligence and pursuant to Labor Law §200 and §241(6), predicated upon an alleged violation of Industrial Code Rule 23-1.7(e) (tripping hazards). At the time of the accident, the plaintiff, an ironworker, had been replacing steel on the Williamsburg Bridge. His work involved removing rivets with a “helldog.” The rivets were being caught by a cone and then dumped into buckets for removal. At lunchtime, the plaintiff was walking from his work area to a shanty when he allegedly tripped over a broken rivet located approximately 30 feet from his work area. The plaintiff did not see the subject rivet prior to the accident. Judge Feinman held that, despite inspections performed by City employees, there was no evidence that the City supervised or controlled the plaintiff’s work and, as such, the City was entitled to dismissal of the plaintiffs’ cause of action for common law negligence and pursuant to Labor Law §200. The Court further held that, despite the City’s awareness that some rivets may not be caught by the cones, there was no evidence that the City had notice of the alleged condition. Finally, holding that the rivet over which the plaintiff allegedly tripped was integral to the steel replacing work being performed on the Bridge, the Court also dismissed the plaintiffs’ Labor Law §241(6) claim predicated upon an alleged violation of Industrial Code Rule 23-1.7(e) (tripping hazards).
Zieris v. The City of New York, Index No. 103335/06 (N.Y. Co. Sup. Ct., January 10, 2011)