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Mikeshina v. Tishman Construction, et al. – Summary Judgment Granted, Case Dismissed In Its Entirety

May 29, 2019 • Posted By • Complex Litigation

In a recent 18-page Decision, Judge W. Franc Perry granted our motion for summary judgment dismissing all claims filed against our client Atlantic Hoisting & Scaffolding LLC (“Atlantic”). Atlantic erected a scaffold at the Jacob Javits Center. Atlantic was hired by Co-Defendant Tishman Construction (“Tishman”).  Judge W. Franc Perry also awarded Atlantic costs and disbursements.  The action was dismissed in its entirety.

The Decision upheld the intent of the Labor Law and found that the scaffold was defect-free.  This was based, in part, on an affidavit submitted by Atlantic’s expert witness, David H. Glabe, P.E.  It also found that Plaintiff’s alleged accident was not the result of an elevation differential as Plaintiff did not fall from the scaffolding.  Plaintiff, a bridge painter, was walking up a scaffolding staircase when her lanyard allegedly became caught on a hand rail, causing her to fall on the scaffolding staircase. She had not returned to work since her March 2012 accident.  She had several surgical procedures.

The Court correctly held that Plaintiff was provided with proper safety equipment, and the alleged fall was not the result of a dangerous, hazardous, or defective condition. As such, plaintiff’s Section 240 and 241(6) claims were dismissed. Finally, the Court dismissed the Labor Law Section 200 claims holding that there was no evidence of a dangerous condition and that Atlantic did not have actual or constructive notice of such condition.

For more information please contact Scott J. Laird at slaird@frenchcasey.com.