Summary Judgment-Bronx County

Tache v. NYU Real Estate Corp. et. al.
This action involved alleged violations of Labor Law
240(1) and 241 due to an accident that occurred on scaffolding at an NYU construction site. The defendants included the owner of the building, the general contractor and our client, the scaffolding company. The plaintiff allegedly suffered an ankle fracture, torn rotator cuff and cervical herniations as a result of falling from a scaffold.

Upon answering the complaint, and before protracted and costly discovery commenced, Eric Malinowski immediately moved for summary judgment arguing that our client neither created the defective condition nor contracted to maintain the scaffold. The trial court agreed and dismissed the action against the client.