Decisions of Interest

Allen MacGhee v. L&L Painting Co. and City of New York

Supreme Court, New York County, Index No. 111380/05

The plaintiff, an employee of a sub-contractor performing painting services on the Queensboro Bridge allegedly sustained injury when stacks of tubing weighing over two hundred pounds fell and crushed his foot. The plaintiff commenced action against the general contractor and owner, City of New York, seeking damages for personal injuries sustained. The claim alleged, inter alia, violations of Sections 200, 240(1) and 241(6) of the Labor Law.

In granting defendants' motion for summary judgment and dismissing plaintiff's complaint, the court found that the plaintiff did not prove, prima facie, triable issues of fact regarding the alleged violations of Sections 200 and 240(1) of the Labor Law. Further, in dismissing plaintiff's Labor Law 241(6) claim, the court found that the defendants had no control or authority over the means and methods of the plaintiff's work at the site.