​John Hsu (Partner-Long Island, NY), Daniel Joseph (Associate-New York, NY), and Isuri Poththewela (Associate-Long Island, NY) obtained summary judgment in the Supreme Court of the State of New York, New York County, on behalf of Wilson Elser’s contractor client in a workplace injury case. The plaintiff claimed to have sustained serious injuries, including a traumatic brain injury (TBI), when a rolling paint cart struck him on a loading dock while working at a construction site. He alleged violations under New York Labor Law §§ 240(1), 241(6), and 200. John and Daniel conducted a thorough analysis of the loading dock surveillance footage, which clearly established that the instrumentality of harm was neither launched, controlled, nor possessed by our client, a contractor on the premises hired to perform repair work on the building’s fifth floor, far from the alleged accident location.

In support of Wilson Elser’s motion for summary judgment, John and Daniel tendered the original contract, along with affidavits from the client’s foreman and branch director, as exhibits to the affirmation in support. They further argued that the client owed no legal duty to the plaintiff and that the client’s work at the premises was separate and distinct from the loading dock operations that allegedly caused the plaintiff’s injuries. They also sought dismissal of all cross-claims against the client.

The court agreed and dismissed the plaintiff’s claim and the cross-claims against the client. In reaching that decision, the court reasoned that the opposition tendered no evidence and relied solely on the affirmation of counsel, which was purely hearsay and devoid of evidentiary value. Thus, there being no real, substantive opposition submitted, the motion for summary judgment was granted in its entirety.