SUMMARY JUDGMENT – NEW YORK COUNTY

1/9/17
Sara Buscemi-Sanz v. Hudson Meridian Construction Group, LLC, The Beatrice C. Catullo Residence Housing Development Fund Corporation, NDG Architect, PC and Newman & Novak Architects, PC.

Plaintiff, an Architect, claimed that she tripped and fell on a loose pipe while conducting a walkthrough of the building located at 1424 Park Street, Bronx, New York, suffering extensive knee injuries that required surgical intervention. Our client, NDG Architect, PC, was retained by plaintiff’s employer to provide architectural services with respect to the construction and modification of the premises for its intended use as housing for senior citizens. Plaintiff alleged that the defendants were generally negligent and violated Labor Law §§200, 240(1), and 241(6).

We successfully moved to dismiss each of plaintiff’s claims asserted against NDG Architect, PC. The Court credited Anthony J. Buono’s argument that NDG Architect , PC merely served as the architect and had no role in the construction, supervision, or control of construction work. Further, the Court held that NDG Architect, PC was not responsible for site safety at the premises. With that, the Court dismissed all claims and cross-claims asserted against our client with prejudice.