In Stakey v. Town of Riverhead et al. Suffolk County Index No: 15-00089 the plaintiff tripped over plywood boards covering a sidewalk that was being repaired as part of larger renovation of a shopping center.

Mr. Weiner moved for summary judgment on behalf of the project manager and argued that the project manager did not owe a duty to the plaintiff, did not create the condition that allegedly caused the plaintiff’s accident, and that plaintiff cannot establish that any actions by the project manager were the proximate cause of her injuries.

The Court in an 8-page decision held that our client did not perform any work on the subject sidewalk and was not responsible for the safety or means and methods of each individual contractor pursuant to the contract between our client and the subcontractor performing the work.