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SUMMARY JUDGMENT GRANTED ON NEGLICENCE ACTION AGAINST A CARTING CONTRACTOR AT A CONSTRUCTION SITE

Jessica J. Beauvais and Jeffrey K. Van Etten

Fernandez v. The City of New York, et al., Index No. 706967/2018 [Labor Law – Negligence]
                                                                                 
Summary judgment was granted dismissing Labor Law claims against our client, a vendor that performed pick-up and delivery of dumpster container at jobsite. Defendant demonstrated that there was no admissible or competent evidence of any negligence on the part of the vendor which contributed to the plaintiff’s action. Furthermore, co-defendants’ use of hearsay statements that vendor’s truck driver purportedly had drove reckless on prior occasions was deemed insufficient to rebut showing entitlement to judgment as matter of law.