Summary Judgment–Bronx County

2/21/2008
Tapia v. Mastro Concrete et. al.
In Tapia v. Mastra Concrete et. al., plaintiff, a laborer working for the co-defendants, was injured when he fell off a cement block he was standing on while trying to dislodge clogged cement from concrete pumping equipment. Our client was the concrete supplier and the co-defendants were the general contractor overseeing the construction project and a company hired to pump and distribute concrete throughout the work site. Peter LoPalo moved for summary judgment arguing that our client did not owe a duty of care to the plaintiff and plaintiff’s Labor Law claims against our client were inapplicable. The Court agreed and dismissed plaintiff’s complaint and all cross-claims against our client.