The following e-filed documents, listed by NYSCEF document number (Motion 005) 33, 34, 35, 36, 37, 38, 39, 40, 41, 42, 43, 44, 45, 46, 47, 48, 49, 50, 51, 52, 53, 54, 55, 56, 57, 58, 59 were read on this motion to/for JUDGMENT — SUMMARY. ADDITIONAL CASES Greg Logistics, LLC, Greg Beeche Logistics, LLC, Third-Party Plaintiffs, v. Integrated Façade Solutions, LLC, Third-Party Defendant; 595638/2019 DECISION ORDER ON MOTION In this Labor Law matter, defendants/third-party plaintiffs Greg Logistics, LLC and Greg Beeche Logistics, LLC (individually referred to as “GL” or “GBL”; collectively as “Greg defendants”) move for summary judgment to dismiss plaintiff Fernando Raspaldo’s complaint and all cross-claims and counterclaims asserted against them pursuant to CPLR 3212. Plaintiff and co-defendants Hudson 36 LLC and Lalezarian Properties LLC (referred to as “co-defendants” throughout) oppose the motion. Third-party defendant Integrated Façade Solutions, LLC (“IFS”) did not file opposition. The Decision and Order is as follows: FACTS Plaintiff alleges that on January 14, 2019, he tripped on debris while working at a job site located at 515 West 36th Street (“515 West”) in the city, county, and state of New York. Plaintiff was employed as a roofer for non-party Unique Roofing of NY, Inc., at the time of the accident. On March 21, 2019, plaintiff filed this lawsuit alleging claims under Labor Law §§200, 240, and 241(6). For their part, the Greg defendants offer the affidavit of their Director Kirk P. Beeche, who avers that they were retained by third-party defendant IFS to design, manufacture, and deliver hoisting equipment and suspended work platforms for the project at 515 West (NYSCEF # 52, 1). GBL’s contract with IFS dated August 21, 2017, confirms that this was the agreement (NYSCEF # 37). The contract also stated that IFS would erect, operate, and dismantle the hoisting system and GBL would pick up the equipment after dismantlement (id.). Beeche avers that the hoisting equipment was delivered to the project on September 20, 2017 and removed from the site on April 27, 2018 (NYSCEF # 52,
8-9; NYSCEF ## 38-49 — Records of Delivery and Removal of Hoisting Equipment). Additionally, on December 8, 2017, a change order was entered between GBL and IFS pursuant to which GBL provided four suspended access platforms to the 515 West job site (NYSCEF #40). Beeche attests, and the exhibits demonstrate, that the suspended access platforms were delivered to the site on February 21, 2018, and removed from the site on September 11, 2018, and October 17, 2018 (NYSCEF # 52,
