Summary Judgment in High Exposure NY Construction Accident Case

Obtained summary judgment in a construction accident case filed in the New York Supreme Court, Bronx County, that had a potential seven-figure exposure. The plaintiff allegedly sustained brain and other injuries when struck by a steel stud that fell from the third floor of the premises. He filed suit against the general contractor and seven of its subcontractors, including our client, who provided a hoist, among other things. The defense first successfully obtained an order directing the general contractor to make the construction site available for an inspection. We then obtained an order directing the plaintiff to produce, in advance of that inspection, a description of the specific location of the accident and photographs depicting that location. After the inspection, and before written discovery was complete or any depositions were held, we moved for summary judgment based on an investigator's affidavit that the hoist was sufficiently distant from the accident location and that it could not have been involved. The plaintiffs, the general contractor, and two other defendants all opposed the motion, arguing that summary judgment was premature. The general contractor further argued that our client was contractually obligated to indemnify it for any personal injuries occurring on the construction site while the hoist remained on site, whether or not those injuries related to or arose out of our client's work or equipment. The arguments were rejected by the court.