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Galvez v. Columbus 95th Street, LLC, et al.

 

In this Supreme Court, Bronx County case, Plaintiff claimed he injured his back while standing on a motorized scaffold with his back pressed against the wall of the building, necessitating spinal surgery.  He made claims under Labor Law §240(1), §241(6) and §200.  The building owner, the general contractor, and plaintiff’s employer, filed motions for summary judgment.  Our client, the general contractor, was granted summary judgment, as was the building owner.  The plaintiff’s employer was held in the case under Labor Law §200/common-law negligence.

 

The Court noted that plaintiff’s expert engineer made arguments regarding calculations that were not predicated on facts in the record, and found his calculations to be without probative value.