Marie Castronuovo Wins Summary Judgment In New York County Labor Law Case

On July 13, 2016, Marie Castronuovo won summary judgment dismissing all claims, including the plaintiff’s claims of negligence and violation of Labor Law sections 200, 240 and 241(6) against defendant/third-party defendant Pritchard Industries, Inc. in Clarke v. 42nd Street Development, Index No. 152822/2012 (Sup. Ct. N.Y. County). The plaintiff, a glazier, alleged that while he and his co-worker were standing on a window washers’ rig attempting to install a piece of glass into a frame on the outside of the 36th floor of a building, a rubber block that had been placed by the plaintiff to assist with the installation “flipped up” behind the glass, which caused the plaintiff’s co-worker to “jerk the glass and down” which caused the rig to shift. As a result, the plaintiff felt all of the weight of the glass upon his body, and alleged severe injuries as a result, including cervical and lumbar fusions and bi-lateral shoulder surgeries. Ms. Castronuovo argued, among other things, that Pritchard Industries, Inc., a janitorial services contractor, was not the owner, general contractor or agent of either for the purposes of the Labor Law, and was not negligent because it did not supervise or control the plaintiff’s work. The Court granted the motion and dismissed all claims against Pritchard Industries, Inc.