7/31/19 – Simpertegui v. Coral Broome Street, LLC, et al.

Plaintiff claimed that he sustained serious personal injuries on November 14, 2014, while working in the course of his employment as a laborer for a construction contractor, performing brick pointing work on the exterior of 400 Broome Street, New York, NY. Plaintiff maintained that he was injured while standing underneath a sidewalk bridge erected at this location and helping his co-workers lower materials from the top of the sidewalk bridge to the street level below. Specifically, plaintiff was helping to lower a “hoist” which had been disassembled, when his co-workers dropped the hoist causing it to crush his hand against one of the support beams of the sidewalk shed. Our client, A&A Restoration, LLC was hired solely to supervise the installation and dismantling of the hanging scaffold used to perform the brick pointing work at this property. However, the hanging scaffolding was removed from this jobsite several weeks before the subject incident.

At the close of discovery Nicholas V. Ferrara moved for summary judgment seeking to dismiss all claims and cross-claims against A&A Restoration. LLC, pursuant to CPLR §3212. Mr. Ferrara argued A&A was hired solely for the use of its Rigger’s License to inspect the installation and disassembly of the hanging scaffolds used at this particular jobsite. Furthermore, Mr. Ferrara submitted admissible evidence that the object which injured the plaintiff was not the hanging scaffold in question and A&A was off-site at least two weeks prior to the subject incident. The Court agreed with these arguments and granted our motion for summary judgment dismissing all claims as to A&A Restoration. LLC.