Angelo Pioli v. Morgan Guaranty Trust Company New York

Judgment of the Supreme Court, New York County (Myriam J. Altman, J.), entered December 14, 1992, after jury trial, which dismissed the complaint, the third and fourth-party actions and all counterclaims and cross-claims, unanimously affirmed, without costs. The appeal from the order entered January 16, 1992, directing entry of said judgment, is dismissed as subsumed in the judgment appealed from, without costs. Plaintiff Angelo Pioli, who was employed as an ironworker foreman by fourth-party defendant Steel Structures, claims that he was injured after falling at a construction site at 60 Wall Street. Pioli and his wife instituted this action against defendant Morgan Guaranty Trust Company, the owner of the premises, and Tishman Construction Company, the general contractor at the site. Pioli attributes the accident to the collapse of scaffolding on which he was standing. Wooden planks had been placed over structural steel beams to cover a hole that was to become an elevator shaft. Defendants Morgan and Tishman impleaded third-party defendant subcontractor Arc Electrical Construction Co. which, in turn, impleaded fourth-party defendant subcontractor Steel Structures. The complaint asserts, inter alia, a violation of Labor Law ?? 200 and 240.