Moses Boyd v. 16 Bartlett Street LLC, Euro Builders, LLC, and Silvercup Scaffolding 1 LLC.
Plaintiff claimed that he sustained serious personal injuries on April 23, 2015, as a result of a scaffold collapse while working on a roof of a building at 16 Bartlett Street, Brooklyn, New York. Specifically, the plaintiff was hoisting pieces of a lift onto the roof of the subject building when a scaffold on the roof collapsed and fell onto him. Our client, Silvercup Scaffolding 1 LLC, erected a sidewalk bridge on the street-level of the subject building for protection to pedestrians walking along the sidewalk at the subject building.
Prior to the completion of significant discovery and before plaintiff was deposed, we moved to dismiss plaintiff’s claims pursuant to CPLR §3212 as our client did not perform any work at or near plaintiff’s alleged accident location. Nicholas V. Ferrara argued that our clients were neither responsible for maintaining the subject building, nor did they perform any work within the subject building or the roof thereat. Furthermore, Mr. Ferrara argued that our client did not provide any materials that were used on the roof of the building where the plaintiff’s accident took place. The Court agreed with our argument and dismissed all claims and cross-claims with prejudice brought against our client.