2/08/18 Disch v. W.I. Northbridge Construction Corp., et al.

Plaintiff, a ironworker employed by JEMCO, sought damages for alleged injuries sustained after he fell from a flatbed truck during a delivery of seating components for tennis practice courts at the USTA National Tennis Center in Queens. Our client, KMS, was a separate ironworking firm retained to perform work on a different aspect of the massive project having no relation to the work performed by JEMCO.

Prior to the completion of discovery, we moved to dismiss plaintiff’s claims pursuant to several sections of CPLR §3211 as plaintiff improperly named KMS as a defendant in this matter. The trial court agreed and summarily dismissed the action against KMS, as well as all cross-claims, on the finding that there was no nexus between the occurrence and KMS’ activities at the site.