The following e-filed documents, listed by NYSCEF document number (Motion 003) 68, 69, 70, 71, 72, 73, 74, 75, 76, 77, 78, 79, 80, 81, 82, 83, 84, 85, 86, 87, 88, 89, 90, 91, 93, 94, 95, 96, 97, 98, 99, 106, 107, 108, 109, 110, 111, 112, 113, 114, 115, 121 were read on this motion to/for JUDGMENT — SUMMARY. ADDITIONAL CASES Structure Tone, LLC, Plaintiff v. Platform Solutions, Inc., Defendant; 595550/2021 767 Fifth Partners LLC, Apple Inc., Structure Tone, LLC, Plaintiffs v. Defendant; 596066/2021 DECISION ORDER ON MOTION In this Labor Law personal injury action plaintiff Timothy Johnson alleges he was working as a carpenter for his employer, third-party defendant Platform Solutions, Inc. (Platform Solutions), when he was injured by an unsecured stack of metal gates that fell onto him during the course of his work at 767 Fifth Avenue, New York, New York (premises). Defendant 767 Fifth Partners LLC owns the premises, defendant Apple Inc. (Apple) leases the premises, defendant Structure Tone, LLC (Structure Tone) was the general contractor of the construction project, and Platform Solutions was hired by Structure Tone to install a metal gating system to protect the construction site (Statement of Material Facts,
1-2, 6, NYSCEF Doc No 70). Plaintiff now moves, pursuant to CPLR §3212, for summary judgment on the issue of liability on his Labor Law §240 [1] claim (motion seq no 003). BACKGROUND On July 13, 2017, Apple contracted with Structure Tone for the “design and fit out” of the Apple store located at the premises (Exh I, p 1, NYSCEF Doc No 80). Structure Tone was required to provide and maintain “temporary barriers and all other temporary protection necessary to prevent damage to existing structures” (id. at p 66). In fulfilling its responsibility, Structure Tone hired Platform Solutions to install a metal gating system to protect the construction site (NYSCEF Doc No 70, 6). Plaintiff was a carpenter for Platform Solutions and was assigned to work on this project (id. at 8). On October 31, 2020, plaintiff and his co-workers were instructed by the project foreman, Peter Keller, to move metal gates from a flatbed truck onto a forklift (id. at 10). Each gate measured approximately 10 feet by 10 feet and weighed approximately 120 pounds, as estimated by plaintiff and undisputed by defendant (id. at
