Ryan, Paul v. Consolidated Edison Company of New York, Inc., Sarnelli Brothers, Inc. and NAB Construction Corporation
Jun 18, 2007OUTCOME: Summary Judgment granted in favor of client.
Plaintiffs were involved with the installation of guardrails to be used as a safety measure for the removal of a boiler. During the boiler removal, a cable snapped causing injury to plaintiffs who, des ... pite being paid by an outside payroll company, received direction and supervision only from Sarnelli Brothers. At deposition, Plaintiffs confirmed that they reported each morning to a Sarnelli representative, took direction from Sarnelli employees, and confirmed that their supervisor was employed by Sarnelli. Relying on the fact that Sarnelli Brothers was indeed a "special employer" of plaintiffs inasmuch as plaintiffs' testimony unmistakably established them as such, he was able to prevail on a motion for summary judgment.
