DSB succeeded in obtaining summary judgment in Supreme Court, Queens County, dismissing all third-party claims in a Labor Law construction accident case. Third-party plaintiff/general contractor filed contractual and common law claims against our client seeking reimbursement and attorney’s fees. The general contractor claimed that the accident occurred when plaintiff fell while standing on a gangbox allegedly owned by our client. The Court noted that the evidence that plaintiff was standing on the gangbox was speculative and not based on any first-hand knowledge, despite a statement in the accident report. Further, the court found the evidence showed plaintiff fell from a ladder onto the gangbox. We also established that there was no evidence that the gangbox was owned by the client, and even assuming it was, the client was not a proper Labor Law defendant and did not create a dangerous condition. Finally, we established that the accident did not arise from our work, and therefore, the indemnity clause was not triggered.
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