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Silverio v. Howard Beach Apartments LLC

Worker's Accident a Trip, Fall and Not Elevation-Related; Labor Law §240(1) Inapplicable

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DECISION AND ORDER

*1  Plaintiff Carmelo Silverio alleges that due to defendants’ negligence, he wore stilts while performing sanding work, stepped into coiled wire, fell and sustained serious injury. The accident occurred on 2/22/13 during the course of a construction project at 155-55 Cross Bay Boulevard in Queens County. Plaintiff maintains that defendants1 violated Labor Law §§240, 240(1) and 241(6) and are also liable on grounds of common law negligence. Defendants Howard Beach Apartments, LLC; Howard Beach Housing Development Fund Corporation; Monadnock Construction, Inc.; and Spieler & Ricca Electrical Co., Inc. move pursuant to CPLR 3212 for an order granting summary judgment and dismissing the complaint. Plaintiff maintains that his accident is elevation-related and cross-moves for summary judgment pursuant to Labor Law §§240 and 241(6).The following facts are not in dispute. Defendants Howard Beach Apartments, LLC and Howard Beach Housing Development Fund Corporation (“Howard Beach”) owned the subject premises. Defendant Monadnock Construction, Inc. was Howard Beach’s general contractor for the project. Monadnock hired defendant Spieler & Ricca Electrical Co., Inc. to perform the electrical work and non-party Medco Plumbing to install the plumbing at the site. Plaintiff’s employer, Curtis Partition Corp., was responsible for sanding and taping the walls and ceilings. Spieler & Ricca installed the cable in which plaintiff’s left stilt became entangled.SUMMARY JUDGMENTIn accordance with CPLR 3212, summary judgment is warranted where a movant shows through admissible evidence that the opposing party has no defense to the cause of action or that the cause of action has no merit (Martin v. Briggs, 235 AD2d 192 [1st Dept 1997]); there must be no doubt about the existence of a triable issue of fact since summary judgment

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