6/10/2020 – Valerio v. Hazen and Sawyer, D.P.C., Eaton Electric, Inc., and Five Star Electric Corporation
Plaintiff was a Union carpenter employed by non-party WDF, Inc., performing miscellaneous work within the swing-path of an interior doorway inside the Jamaica Bay Wastewater Plant (municipal property owned by the City of New York). Plaintiff was struck by the door when it was opened by an Eaton Electric, Inc. employee and filed suit alleging negligence along with violations of Labor Law sections 200, 240(1), and 241(6) against Hazen and Sawyer, D.P.C. (construction management firm) and our clients, Five Star Electric Corporation (prime electrical contractor) and Eaton Electric, Inc. (electrical subcontractor). Due to the incident, plaintiff alleged injury to the cervical spine, eventually undergoing surgical fusion of multiple vertebrae levels, causing total and permanent disability.
At the close of discovery, Anthony Buono moved for summary judgment seeking dismissal of all claims against Five Star Electric Corporation and the Labor Law claims against Eaton Electric, Inc. In a decision rendered on June 10, 2020, the Supreme Court, Bronx County granted the motion in its entirety, determining that the facts of the case did not support the Labor Law section 240(1) claim or the Labor Law section 241(6) claim, predicated upon a violation of 12 NYCRR 23-1.7(e). Further, the Court credited the argument that Five Star Electric Corporation did not exert sufficient control over the injury producing work requiring dismissal of plaintiff’s claim under Labor Law section 200. In light of the dismissal of all claims asserted against Hazen and Sawyer, D.P.C., the cross-claims for indemnification and contribution were dismissed as moot.