Pillinger Miller Tarallo, LLP secured a significant summary judgment victory in Supreme Court, Bronx County, obtaining dismissal of all claims and crossclaims against its client, MP Design Consulting, Inc., in a complex Labor Law construction-accident case involving an allegedly unsecured plywood cover over a floor opening.
In Kelvin Veras v. HP Ebenezer Plaza HDFC, Inc., et al. (Supreme Court, Bronx County, Index No. 30455/2019E – PMT: Construction and Complex Multi-Party Litigation), the plaintiff alleged that he was injured while working on a Brooklyn residential construction project when he stepped on an unsecured plywood cover and fell partially into an opening in the ninth-floor decking.
PMT successfully argued that MP Design’s responsibilities were limited to initially installing the plywood covers and inspecting them at the beginning and end of the workday. The evidence did not establish that MP Design improperly installed the cover, failed to conduct its required inspections, or was responsible for leaving the cover unsecured before the plaintiff’s accident.
The Court agreed, finding no basis to conclude that MP Design was negligent or had created or received notice of the alleged dangerous condition. The Court also rejected the contractual and common-law indemnification claims asserted against MP Design, as well as the claims alleging failure to procure insurance.
As a result, the Court granted MP Design’s motion for summary judgment, dismissing the second- and third-party complaints and all crossclaims asserted against the company.
This outcome demonstrates PMT’s ability to define a client’s limited role within a complicated construction project and eliminate substantial exposure arising from Labor Law, negligence, indemnification, contribution, and insurance-related claims.
Should you have any questions, please call our office at (914) 703-6300 or contact:
Marc H. Pillinger, Executive Partner
mpillinger@pmtlawfirm.com
Jeffrey T. Miller, Executive Partner
jmiller@pmtlawfirm.com
Jeffrey D. Schulman, Executive Partner
jschulman@pmtlawfirm.com
Richard J. Freire, Executive Partner
rfreire@pmtlawfirm.com