In a decision dated November 25, 2015, Justice Larry D. Martin granted the summary motion of our clients, Hill International, Inc., Lemley International Inc., Liro Engineers, Inc. and Daniel Frankfurt Engineers & Architects/HDR Inc., A Joint Venture 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 fell from a stack of blasting masts while he was in the process of descending same. In dismissing the plaintiff’s complaint, the Court found that the defendants’ evidence that they were not agents of the MTA and neither instructed nor supervised plaintiff’s work was sufficient to make a prima facie showing of their entitlement to judgment as a matter of law, dismissing plaintiff’s causes of action for common law negligence and violation of Labor Law §§ 200, 240(1) and 241(6).
Lamar v. Hill, Int’l, Inc. et al., Index No. 19723/2011 (Kings Co. Sup. Ct., Nov. 25, 2015)