ROBERT BOYD plf-ap, v. SCHIAVONE CONSTRUCTION CO., INC. defres, VOLLMER ASSOCIATES, LLP, def

8959. ROBERT BOYD plf-ap, v. SCHIAVONE CONSTRUCTION CO., INC. defres, VOLLMER ASSOCIATES, LLP, def — SCHIAVONE CONSTRUCTION CO., INC. Third-Party plf-res, v. HAYWARD BAKER, INC., Third-Party def-res — Kelner and Kelner, New York (Gail S. Kelner of counsel), for ap — Greenblatt Lesser LLP, New York (Lynn Abelson Liebman of counsel), for Schiavone Construction Co., Inc., Granite Halmar Construction Company, Inc. and Schiavone Construction Co., Inc./Granite Halmar Construction Company Inc., res — Cartafalsa, Slattery, Turpin & Lenoff, New York (B. Jennifer Jaffee of counsel), for Hayward Baker, Inc., res — Order, Supreme Court, New York County (Carol R. Edmead, J.), entered June 12, 2012, which denied plaintiffs' motion for summary judgment on the issue of liability as to the Labor Law §240(1) cause of action, unanimously reversed, on the law, without costs, and the motion granted.

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8959. ROBERT BOYD plf-ap, v. SCHIAVONE CONSTRUCTION CO., INC. defres, VOLLMER ASSOCIATES, LLP, def — SCHIAVONE CONSTRUCTION CO., INC. Third-Party plf-res, v. HAYWARD BAKER, INC., Third-Party def-res — Kelner and Kelner, New York (Gail S. Kelner of counsel), for ap — Greenblatt Lesser LLP, New York (Lynn Abelson Liebman of counsel), for Schiavone Construction Co., Inc., Granite Halmar Construction Company, Inc. and Schiavone Construction Co., Inc./Granite Halmar Construction Company Inc., res — Cartafalsa, Slattery, Turpin & Lenoff, New York (B. Jennifer Jaffee of counsel), for Hayward Baker, Inc., res — Order, Supreme Court, New York County (Carol R. Edmead, J.), entered June 12, 2012, which denied plaintiffs’ motion for summary judgment on the issue of liability as to the Labor Law §240(1) cause of action, unanimously reversed, on the law, without costs, and the motion granted.

Defendants Schiavone Construction Co. and Granite Halmar Construction Company, a joint venture (Schiavone), were retained by the Transit Authority to build a new structural box and subway track at the South Ferry subway station. Schiavone hired thirdparty defendant Hayward Baker, Inc. to install subterranean mini-piles to support the existing railway structure and subway tunnel. Plaintiff Robert Boyd, a drill operating engineer, worked on a Hayward Baker crew that included dock builder foreman Wayne Clark and dock builder journeyman Russell Ellis. The crew was supervised by Gary Amato, Hayward Baker’s project superintendent.

ROBERT BOYD plf-ap, v. SCHIAVONE CONSTRUCTION CO., INC. defres, VOLLMER ASSOCIATES, LLP, def

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