In a unanimous decision, the First Department affirmed the Lower Court’s decision to grant Summary Judgment
in favor of GVK’s client, a construction manager. In this matter, the plaintiff, who was the foreman for the third-party defendant roofing subcontractor, alleged serious injuries as a result of a trip-and-fall over short, protruding steel rebar dowels that had been installed in the roof’s surface. The purpose of the rebar was to secure the concrete to the roof’s surface, after the area was waterproofed and the concrete was poured. The roofing subcontractor decided to discontinue use of orange safety caps on the rebar, because the caps interfered with the waterproofing process.
The First Department ruled in our client’s favor and affirmed the Lower Court’s decision in that plaintiff’s Labor Law § 241(6) claim was properly dismissed because the steel rebar was “an integral part of the work being performed”. The Labor Law § 200 claim was properly dismissed because the GVK client’s construction manager did not “exercise supervisory control” over the work of the subcontractors, and the construction manager did not direct
the subcontractors to stop using the orange safety caps on the rebar.