August 2018 Beraun-Soller v. Silvercup Scaffold Co.
On February 18, 2016, plaintiff was performing a cut to a ceiling with a hand held circular saw as part of a renovation project at 381 S. 5th Street, Brooklyn, New York. He alleges that the power saw he was using struck something which caused the saw to kick back. As a result, plaintiff sustained significant injuries to his left index finger requiring surgery with the insertion of hardware.
Plaintiff sued our client Silvercup Scaffold Co., along with various other contractors and subcontractors, claiming Labor Law violations. Kenneth Gerard filed a motion to dismiss prior to appearing for depositions arguing that all work performed by Silvercup was performed outside of the subject building. Since plaintiff’s accident occurred inside the building and Silvercup did not own the ladder from which plaintiff fell, plaintiff cannot sustain any of its claims against our client. Judge Kathy King agreed with our position and granted our motion dismissing plaintiff’s complaint and all cross-claims against Silvercup Scaffolding with prejudice.