Robert Alberts v. The Whiting-Turner Contracting Company, Macerich Management Company, Midtown Contracting Corp., and Forever 21 Retail, Inc., Macerich Management Company v. Forever 21 Retail, Inc. and Midtown Contracting Corp. Macerich Management Company v. Donald Borg Construction Co. Supreme Court / Bronx County 2013

Angelo J. Bongiorno was successful in obtaining summary judgment dismissing the plaintiff’s complaint against Macerich Management Company.

The plaintiff, Alberts, sustained injuries when him and his co-worker were assigned to take an “x-ray” of a concrete beam.  At the time, the construction project was in the demolition stage and there were several trade working simultaneously at the site.  The plaintiff alleges that the beam he was to x-ray was elevated and he required a scaffold.  Plaintiff contended that the scaffold that was approximately eight feet high and a wooden A-Frame ladder was provided to him.  The plaintiff used the ladder to carry the x-ray equipment up to the scaffold platform.  He took an x-ray then descended the ladder.  After taking a second x-ray and he descended the ladder, the ladder collapsed/broke and caused him to fall to the ground.

The Honorable Justice Norma Ruiz found that defendant met the initial burden in establishing that Macerich was not an agent of the owner for purposes of Labor Law 240(1).  The plaintiff’s opposition to defendant’s motion for summary judgment was insufficient to create a question of fact for a jury, and as such, Justice Ruiz dismissed plaintiff’s Labor Law 240(1), 241(6) and 200 as well as plaintiff’s claims of negligence and all cross-claims against Macerich.