Defendants move seeking an Order granting them summary judgment over plaintiff. Alternatively defendants seek an Order granting them summary judgment over the third-party defendant on their contractual indemnification claim. Defendants aver that to the extent that they neither supervised nor controlled plaintiff’s work, plaintiff’s claim pursuant to Labor Law §200 must be dismissed.
A Bronx County estate lawyer said that the instant action is for alleged personal injuries premised upon violations of the Labor Law. The first-party complaint alleges the following. On July 15, 2005, plaintiff was injured while within premises located at 1160 Fifth Avenue, New York, NY. The premises herein was owned, maintained and managed by the defendants and that the plaintiff was employed to perform construction work therein. Defendants were negligent in causing and creating a dangerous condition within the premises herein or allowing the same to exist despite notice of the same. Said condition caused plaintiff injury. Defendants violated several Labor Laws. The third-party action is for contribution, common law and contractual indemnification and breach of contract.
A Bronx Personal Injury Lawyer said that in support of the instant motion, defendants submit plaintiff’s deposition transcript and errata sheets, wherein he testified, in pertinent part as follows. On July 15, 2005, plaintiff had an accident while employed within premises located at 1160 Fifth Avenue. Plaintiff was employed by third-party defendant, a construction company, at which he performed carpentry, sheetrocking and plastering. Plaintiff had been working at the premises herein since mid May 2005 and was involved in the renovation of several apartments. There were other trades also involved in the renovation herein. Plaintiff’s boss, a person who was not on site on a daily basis. There was a superintendent employed by the building herein and said superintendent did not give plaintiff any directions or instruct him with regard to his work. On the date herein, plaintiff was framing a room within an apartment on the fifth floor. Plaintiff was in charge of a four man crew, who were working in the apartment with him. Dog bite was not involved.
Defendants submit a diagram sketched which depicts the dolly herein. Defendants submit unsworn and uncertified copies of an agreement and an accident report. No foundation for the same’s admission is laid.
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