VBPNP  Secures Summary Judgment Win on Behalf of Subcontractor Client

On June 23, 2020, Thomas Jaffa, with the help of Neil Mascolo, secured summary judgment in favor of a subcontractor client in Supreme Court, Kings County.  Plaintiff alleged that he was caused to fall into an unprotected 3’ by 3’ opening at a jobsite.  Plaintiff claimed that the subcontractor client had created the opening and/or failed to properly cover the opening.  Mr. Jaffa argued that the evidence was clear in that the client did not create the opening in question, nor was it responsible for covering said opening.  In fact, another subcontractor was working in the opening at the time of the alleged accident.  Honorable Robin K. Sheares determined that Mr. Jaffa established entitlement to summary judgment.  The Court found that the client did not perform any work at or near the location of the alleged accident.  as such, the complaint and all cross-claims alleged were dismissed.  The Court’s dismissal averted the need for the client to continue with litigation and court appearance and prevented a costly trial from taking place.