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DiFrank v. Vericon Construction Co., LLC (Bronx County)

May 21, 2020 • Posted By Maria E. Stamatelatos • Labor & Employment

In DiFrank v. Vericon Construction Co., LLC, Judge Lucino Suarez granted summary judgment dismissing the Plaintiff’s complaint against our client, Palace Hoisting and Scaffolding Corp. of New York.

The Court found that Plaintiff’s Labor Law §§ 200, 240, and 241 claims could not be sustained against Palace Hoisting as it was uncontroverted that it was not the owner or general contractor of the subject construction site, that it did not perform any of the contracted work at 111 Barclay Street, that Plaintiff was not its employee, and that it did not control or supervise Plaintiff’s injury-producing work. Moreover, the Court found that Plaintiff’s common law negligence claim must be dismissed as Plaintiff failed to demonstrate any connection between the situs of his injuries and Palace Hoisting’s construction work.

See Franco DiFrank v. Vericon Construction Co., LLC, et al., Index No. 25556/2018, Supreme Court, Bronx County, May 20, 2020.

For further information, please contact Maria E. Stamatelatos