Jon Pisiewski, Associate

Jon Pisiewski Obtains Summary Judgment and Dismissal in NY County

On October 5, 2021, Jon Pisiewski successfully obtained summary judgment and dismissal of all claims against our clients, Scott Shleifer and Elena Shleifer, in the matter of Godlewski v. Park Seventy-Ninth Corp, et al., Index No. 154786/2019 (NY County). The pre-deposition motion was made on the basis that the Shleifers were co-owners of a single-family co-operative apartment who were not subject to Labor Law liability under §§ 240 or 241 and were not negligent or liable under Labor Law § 200. Plaintiff’s complaint alleged that he sustained personal injuries when he tripped and fell on a piece of raised Masonite while carrying a stone fireplace inside the apartment, which was undergoing renovations at the time of the alleged accident. Jon argued, with the support of client affidavits, that the clients did not direct or control the work at the site, no condition of the premises caused the accident, and, as single-family homeowners, they were exempt from liability pursuant to the “homeowner’s exception.” Plaintiff opposed the motion arguing that discovery may lead to information showing that the Shleifers directed the work and claimed they had given him certain instructions at the project. Justice Goetz held that the statements in plaintiff’s affidavit in opposition, even if true, are insufficient to cast the Shleifers in Labor Law liability and issued an Order dismissing all claims and cross claims against our clients, severing them from the action and amending the caption accordingly, with costs and disbursements as taxed by the Clerk of the Court.