On September 30, 2022, Wendy Tobias successfully obtained summary judgment and dismissal of the plaintiff’s Labor Law §200 and negligence claims and summary judgment on our clients’ claim for contractual indemnification in the matter of Loja v. Riverview Operating Co., Inc., et al., Index No. 717527/2017 (Queens County). Wendy also successfully defeated the plaintiff’s cross-motion for summary judgment as to Labor Law §§200, 240(1) and 241(6). The plaintiff alleged he was struck by an unsecured pipe that fell from an elevated height as it was being lowered from the floor above. Wendy opposed the plaintiff’s motion as to Labor Law §240(1), arguing that the plaintiff failed to demonstrate that the accident occurred due to the defendants’ failure to provide a necessary safety device. As to Labor Law §200, Wendy relied on the testimony of the parties and affidavit on behalf of our clients that they did not have sufficient supervisory authority to control the means and methods of the work. Finally, the Court found that the terms of the contract between our clients and subcontractor established that the plaintiff’s claims arose from the performance of the subcontractor’s work and that our clients were free from any active negligence.