The following numbered papers were read on this motion: NYSCEF Doc No. 32: Notice of Motion for Partial Summary Judgment NYSCEF Doc No. 33: Affirmation of Julianne Friedman, Esq. in Support of Motion NYSCEF Doc No. 34: Statement of Material Facts of Julianne Friedman, Esq. NYSCEF Doc No. 35: Summons and Complaint, Answer and Verified Bill of Particulars NYSCEF Doc No. 36: Affidavit of Andrew Yarmus, P.E. NYSCEF Doc No. 37: Affidavit of Merit of Plaintiff NYSCEF Doc No. 38: Plaintiff EBT Transcript with Marked Exhibits NYSCEF Doc No. 39: Plaintiff’s 50-h Transcript NYSCEF Doc No. 40: Defendant Judlau Contracting, Inc.’s Deposition Transcript NYSCEF Doc No. 41: WCB C-3 Employer’s Report of Work-Related Injury & MTA Report NYSCEF Doc No. 42: Subcontract Agreement Between Judlau and IMP Plumbing NYSCEF Doc No. 43: Contract Between Port Authority of NY & NJ, MTA & Judlau NYSCEF Doc No. 44: MTA Daily Survey Reports, MTA Safety Reports NYSCEF Doc No. 45: Certification of Signature by Julianne Friedman, Esq. NYSCEF Doc No. 46: Notice of Change of Firm Name or Address NYSCEF Doc No. 47: Notice of Cross-Motion for Summary Judgment NYSCEF Doc No. 48: Affirmation in Opposition to Summary Judgment NYSCEF Doc No. 49: Notice of Claim and 50-h Notice NYSCEF Doc No. 50: Plaintiff’s 50-h Transcript NYSCEF Doc No. 51: Summons and Complaint NYSCEF Doc No. 52: Defendants’ Answer and BP Demand NYSCEF Doc No. 53: Order Dismissing Port Authority of NY & NJ with Notice of Entry NYSCEF Doc No. 54: Verified Bill of Particulars of Plaintiff NYSCEF Doc No. 55: Plaintiff’s Deposition Transcript NYSCEF Doc No. 56: Judlau Contracting, Inc.’s Deposition Transcript NYSCEF Doc No. 57: Photograph of Rebar Mat NYSCEF Doc No. 58: Affidavit of David B. Peraza, P.E. NYSCEF Doc No. 59: Defendants’ Memorandum of Law in Opposition to Plaintiff’s Motion NYSCEF Doc No. 60: Affidavit of Service NYSCEF Doc No. 61: Defendants’ Counter-Statement of Material Facts NYSCEF Doc No. 62: Notice of Cross-Motion for Summary Judgment NYSCEF Doc No. 80: Affirmation of Julianne Friedman, Esq. in Reply and in Opposition NYSCEF Doc No. 81: Certification of Signature by Julianne Friedman, Esq. NYSCEF Doc No. 82: Response to Defendants’ Statement of Material Facts NYSCEF Doc No. 83: Certification of Signature by Julianne Friedman, Esq. NYSCEF Doc No. 84: Affirmation in Reply and Opposition by Julianne Friedman, Esq. NYSCEF Doc No. 85: Certification of Signature by Julianne Friedman, Esq. NYSCEF Doc No. 86: Response to Defendants’ Statement of Material Facts NYSCEF Doc No. 87: Certification of Signature by Julianne Friedman, Esq. Additionally, the transcript of oral argument on the subject motions was consulted; it will be uploaded to NYSCEF. DECISION AND ORDER Upon the foregoing papers and having heard oral argument on the record from appearing counsel, the within motion is determined as follows. I. Preamble This Labor Law action emerges from an ever-recurring fact pattern. A worker trips and falls on a rebar mat at a worksite, causing injuries, prompting the institution of a discovery-laden Labor Law action, culminating in the parties interposing mirror-image motion and cross-motion summary judgment practice, endeavoring to wrest the liability phase of the case from the trier of fact. Divagate from this well-worn paradigm the present case does not. II. The Occurrence This Labor Law action arises from Plaintiff Ciro Impagliazzo’s alleged trip and fall on a foreboding rebar mat latticed with twelve-inch protruding Nelson studs set eight inches apart in a grid pattern at a construction project on October 19, 2018, causing him to sustain injuries (see NYSCEF Doc No. 57, photograph of rebar; NYSCEF Doc No. 37, Plaintiff Aff
5-6, 8-10). The occurrence unfolded amidst a construction project in the New York City subway system’s storied World Trade Center Cortlandt Street Station (see NYSCEF Doc No. 35, Complaint
