Rafal Penaloza v. Shah Group Enterprises

CFO Legal > General Liability Defense > Rafal Penaloza v. Shah Group Enterprises

Brief Description of Case:

Plaintiff brought claims under Labor Law §§200, 240(1) and 241(6) for personal injuries sustained as the result of a fall from a sidewalk bridge.

Court or Jury’s Decision and Reasoning:

By way of decision/order dated April 2, 2018 the Hon. Justice Paul A. Goetz granted our motion for summary judgment and dismissal of plaintiff’s Labor Law §§200, 240(1) and 241(6) claims, upon our demonstration that our client’s work was limited to the construction of the sidewalk bridge from which plaintiff fell; that this work was completed well prior to the date of plaintiff’s accident;  and that our client was not on-site on this date and did not exercise supervision or control over the activity which resulted in plaintiff’s injury.

The Best Possible Defense


John P. Flaherty

Michael T. Reagan

Party We Represent:

Shah Group Enterprises


Supreme Court, New York County


April 2018