Tammy A. Wilson Wins Summary Judgment and Dismissal of New York Labor Law Case in New York County

Tammy A. Wilson, a Partner in our New York Labor Law Construction Practice Group, successfully obtained summary judgment in the case of Jose Luis Salmeron v. DDG 532 West 20th Street, et al. (Supreme Court, New York County). The Court dismissed the second third-party complaint in its entirety, along with all claims asserted against our client.

The plaintiff alleged that he sustained injuries in 2019 while working on a construction project in Manhattan. He claimed that he fell from an elevated work area when the tie-off point for his fall protection allegedly “ripped” from the formwork.

Our client, a concrete formwork vendor, merely leased the formwork to the project and had no further involvement. The client was never notified of any complaints or alleged defects related to the formwork, either before or after the incident. In support of our motion, we demonstrated that there was no admissible evidence establishing that the formwork failed or that it caused or contributed to the plaintiff’s alleged accident. We further established that our client had no day-to-day presence at the site, exercised no control or supervision over the means and methods of the plaintiff’s work, and bore no responsibility to inspect the formwork after delivery.

The Honorable David B. Cohen, JSC. granted all relief sought, finding no evidence that our client was negligent or that it contributed in any way to the causation of the alleged accident.