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Supreme Court of New York Rules in Favor of Plaintiff’s Liability Claim in Summary Judgment for Damages Sustained After Fall; Parker Waichman LLP Responds
Date:10/22/2013

New York, New York (PRWEB) October 22, 2013

Parker Waichman LLP, a national law firm dedicated to protecting the rights of workers who get injured in accidents on construction sites, notes that the Supreme Court of the State of New York has ruled in favor of a liability issue of a Plaintiff’s summary judgment to recover damages sustained from a fall through an unprotected opening in a floor while working as a plumber’s apprentice on a construction site (Perez, Richard v. Al-Stone LLC, Case No. 015143, filed on March 12, 2010, at the Supreme Court of the State of New York). The court’s decision was handed down in a memorandum filed on Oct. 21, 2013. Specifically, according to court documents, it was ordered that the Plaintiff’s motion for summary judgment on the liability issue of his Labor Law § 240 (1) claim against Al-Stone LLC, Tritel Construction Group LLC and Broadway Wallboard Inc. be granted.

According to court documents, the accident occurred on June 2, 2009, during construction of a new Double Tree hotel at 8 Stone Street in New York. The building under construction was owned by Al-Stone LLC. Al-Stone had hired Tritel Construction Group Downtown LLC d/b/a Tritel Construction Group LLC to serve as the general contractor and CNY Builders LLC to serve as construction manager. CNY, in turn, hired a number of additional contractors, including plumbing contractor Bass Plumbing & Heating Corp., carpentry contractor (responsible for the protection of floor opening and holes) Broadway Wallboard Inc., and HVAC subcontractor Matrix Mechanical Corp. Providing site safety management services was Safety and Quality Plus Inc. Bass was Plaintiff Perez’s employer.

Court documents noted that the Plaintiff had testified that, at the time of the accident, he and a coworker were installing a pi
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