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Cabrera v. Armenti

Dismissal of Labor Law §§200, 241(6) Claims Denied, But Workers §240(1) Claim Dismissed

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Upon the following papers numbered 1 to 24 read on this motion for summary judgment;Notice of Motion/Order to Show Cause and supporting papers 1-12;Notice of Cross Motion and supporting papers _;Answering Affidavits and supporting papers 13-24;Replying Affidavits and supporting papers 25-26;Other _; it is,

*1 ORDERED that the motion by defendant David P. Armenti for summary judgment dismissing the complaint against him is granted to the extent indicated herein, and is otherwise denied.Plaintiff Carlos Cabrera commenced this action to recover damages for personal injuries he allegedly sustained on November 4, 2008 while performing work on a new single family home owned by Craig Levitz and Susan Levitz. Plaintiff allegedly was injured when the head of a nail broke off and flew into his eye as he was using a nail gun to secure a metal bracket to a wooden beam. At the time of the accident, the plaintiff allegedly was employed by Armenti Construction, Inc., a construction company owned by Armenti that was retained by the Levitzs to build the new residence. By his complaint, plaintiff asserts causes of action based on common law negligence and alleged violations of Labor Law §§200, 240 (1) and 241 (6). Armenti joined issue denying plaintiff’s claims and asserting cross claims against the Levitzs, who were not named as defendants in the instant action. Thereafter, the court (Gazillo, J.) granted a motion for consolidation to the extent that it directed the instant action be joined for trial with an action commenced by plaintiff assigned index number 09-12122, entitled Carlos Cabrera v. David Armenti, Armenti Construction, Inc., Craig Levitz and Stephani Levitz. After joining

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