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Justice Gische Click here to see Judicial Profile http://nycourts.law.com/CourtDocumentViewer.asp?view=Document&docID=121636 Asserting a negligence claim and moving for summary judgment, plaintiff worker was injured while unloading carpets at the premises owned by defendant. He argued that improperly stored rolls of carpet fell on him after being instructed by his supervisor, Rotondo, to retrieve the carpets from a bay area. Defendant JCS argued it was entitled to summary judgment dismissing the complaint as it did not supervise or control plaintiff’s work. The court noted plaintiff’s own deposition testimony showed he took directions from Rotondo and was instructed by Rotondo on how to do his job. It noted there was no claim by plaintiff that at the time of his accident he was supervised by anyone other than Rotondo. Thus, it concluded JCS met its burden on its cross-motion for summary judgment dismissing the negligence claim. The court noted plaintiff failed to come forward with triable issues of fact to defeat the cross-motion. It thus granted JCS summary judgment and dismissed the claim against it.

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