On January 3, 2023, Marie Castronuovo’s motion for summary judgment was granted on behalf of our clients in the case of Brian Crosby v. AJA Turnpike et al.  Ms. Castronuovo moved for a dismissal of plaintiff’s Labor Law 200, 240 and 241 claims against various Sonic entities. Plaintiff opposed the motion, arguing that there was an agency relationship between the Sonic entities and the owner of the property and the general contractor on the job. Judge Frank Nervo agreed with Ms. Castronuovo’s argument that no agency relationship existed and that the Sonic entities were not subject to the Labor Law.

Ms. Castronuovo also moved for summary judgment on behalf of the client owner of the premises, arguing that they were entitled to contractual indemnification from their tenant because, among other things, they did not control or supervise the work at the jobsite, nor did they control or supervise plaintiff’s work or provide him with any materials or equipment. Judge Nervo granted the motion for contractual indemnification pursuant to the lease.