10354. RAUL BARRETO, plf-ap, DERLIM BARRETO, PLAINTIFF, v. METROPOLITAN TRANSPORTATION AUTHORITY def-res — [AND OTHER THIRD-PARTY ACTIONS] Gorayeb & Associates, P.C., New York (Mark H. Edwards of counsel), for ap — Wilson Elser Moskowitz Edelman & Dicker LLP, New York (Patrick J. Lawless of counsel), for Metropolitan Transportation Authority and New York City Transit Authority, res — Michael A. Cardozo, Corporation Counsel, New York (Suzanne K. Colt of counsel), for the City of New York, res — Jones Morrison, LLP, Scarsdale (Clifford I. Bass of counsel), for IMS Safety Corp., res — Order, Supreme Court, New York County (Michael D. Stallman, J.), entered April 5, 2012, which denied plaintiff’s cross motion for partial summary judgment on his common-law negligence and Labor Law §§200, 240(1) and 241(6) claims against defendant IMS Safety Corp., denied plaintiff’s cross motion for partial summary judgment on his §240(1) claim against defendants Metropolitan Transportation Authority (MTA), New York City Transit Authority (NYCTA), and the City of New York, granted IMS’s motion for summary judgment dismissing the complaint and any cross claims against it, and granted the motions of defendants MTA, NYCTA and the City for summary judgment dismissing the §§240(1), 241(6) and 200 claims as against them, affirmed, without costs.
Plaintiff brought this personal injury action after he fell into an uncovered manhole in front of 60 Lafayette Street in Manhattan in January 2005, while performing asbestos removal work below city streets as part of a City environmental project. Plaintiff was employed by third-party defendant P.A.L. Environmental Safety Corp. (PAL), the general contractor at the work site. PAL was hired by NYCTA on behalf of MTA, which leased the area of the street surrounding the manhole from the City, the site owner. By subcontract, PAL retained IMS as a safety consultant at the site. The City, MTA, and NYCTA did not contract with IMS or any other party to ensure site safety, and neither supervised nor provided any equipment for the project. A PAL supervisor directed plaintiff’s work.
