09/25/2020 – Galeno v. Everest Scaffolding Inc., et. al.
Plaintiff claimed that he sustained serious personal injuries on December 20, 2012 while working as a laborer performing brick pointing work on the exterior of 20 West 22nd Street, New York, NY. Plaintiff maintained that he was injured when the sidewalk shed he was working on collapsed causing him to fall to the ground below. Our client, A&S Construction of NY, was hired solely to perform elevator bulkhead repairs and local law 11 inspections to the exterior of this building before the plaintiff’s brick pointing work took place.
At the close of discovery Nicholas V. Ferrara moved for summary judgment seeking to dismiss all claims and cross-claims against A&S Construction of NY, pursuant to CPLR §3212. Mr. Ferrara argued A&S was hired solely to perform work to the roof-level of this building and at no point contracted for the erection of the subject sidewalk shed. Furthermore, Mr. Ferrara submitted admissible evidence that A&S did not inspect, maintain, repair or otherwise use the subject sidewalk shed at any point leading up to the date of the alleged accident. The Court agreed with these arguments and found there was no admissible evidence that A&S was actively negligent in creating or causing the plaintiff’s alleged accident. In doing so the Court granted our motion for summary judgment dismissing all claims and cross-claims as to A&S.