Case: Carlos Segure-Hoyos V. All Borough LLC ET AL.
Counsel: Salvatore DeSantis and Robert Von Hagen
Result: Case Dismissed
Honorable Paul A. Goetz of the Supreme Court, New York County found unavailing the plaintiff’s argument that the motion for summary judgment by All Boroughs, LLC was premature. Segura-Hoyos v. 110 William Property et. al. Index No. 151894/20.
Plaintiff claimed he sustained serious personal injuries when he fell from a 6-foot ladder while working at co-defendant’s premises located at 110 William Street, NY, NY on 2/11/2020. He was employed by a labor company called Hi-Lume who was brought in as a third-party defendant by the owner. Plaintiff set forth causes of action under Labor Law 240, 241(6), and 200 as well as common law negligence for defendants’ failure to furnish a safe workplace and proper safety equipment to guard against elevation-related risks. He claimed violations of NY Industrial Code Sections 23-1.5, 23-1.7, 23-1.16, and 23-1.21.
All Boroughs LLC, as movant, established that it was not working on the floor where the accident took place and was therefore not possibly liable to the plaintiff under any theory alleged. Plaintiff failed to raise an issue of fact.
Read the decision here.