Velecela v. Perimeter Bridge & Scaffold - 1st Dept. NYLJ.
March 21, 2017 Posted By Joseph A. French Construction Claims
The First Department long known for being plaintiff-friendly in Labor Law cases, nevertheless overturned a Bronx County justice’s decision in which she denied a scaffold company’s motion for summary judgment.
Plaintiff fell from a scaffold erected by Perimeter. “Perimeter established its entitlement to judgment as a matter of law in this action where plaintiff was injured when he fell from a scaffold erected by Perimeter. Perimeter submitted evidence showing that it did not owe a duty to plaintiff, who was a third party to its contractual relationship with the property owner of the premises where construction work was being performed”. The Court held, instead, that “plaintiff failed to raise a triable issue of fact by failing to demonstrate that Perimeter launched a force or instrument of harm, that plaintiff detrimentally relied on Perimeter’s continued performance of its contractual duties or that Perimeter entirely displaced the property owner’s duty to safely maintain the premises”.
The above, we believe, speaks for itself.