Slate v. Schiavone Construction Co.

OPINION OF THE COURT

Tom, J.

Plaintiff John Slate, an employee of nonparty G.M. Crocetti, Inc., sustained injury in a fall from a scaffold affixed to a flatbed truck while working within the Lincoln Tunnel on September 3, 1997. On September 1, 2000, two days prior to the expiration of the statute of limitations, plaintiff commenced this action by filing the summons and complaint, listing defendant Schiavone’s *3mailing address as “40th Street & 11th Avenue, New York, New York 10018.” The complaint states claims under Labor Law §§ 200, 240 (1) and § 241 (6), alleging that the truck-mounted…