8/8/18 Paul DeMercurio v. 605 West 42nd Street Owner LLC, et. al.
Plaintiff alleged violations of Labor Law 240(1), 241(6), 200, and general negligence against our clients 605 West 42nd Street Owner LLC and Tishman Construction Corporation of New York, arising out of an incident where plaintiff claimed he slipped on brown protective paper laid over a finished floor in an apartment unit undergoing finish work.
At the close of discovery, Anthony J. Buono moved for summary judgment, pursuant to CPLR ¬3212, arguing that the protective paper was integral to the work being performed and therefore not actionable under the Labor Law. Further, it was demonstrated that the purportedly hazardous condition was not created by 605 West 42nd Street Owner LLC and Tishman Construction Corporation of New York and arose out of the work performed by a non-party contractor. The Court credited our arguments and granted the motion in its entirety, dismissing all claims and disposing the matter prior to trial.