Nelson v. E&M 2710 Clarendon LLC

Order, Supreme Court, Bronx County (Norma Ruiz, J.), entered December 19, 2013, which granted defendants’ motions for summary judgment dismissing the complaint and cross claims against them, and denied plaintiff’s cross motion to amend the complaint to assert a cause of action under Labor Law § 240 (1), unanimously affirmed, without costs.

After a fire in a mixed-use building, defendant Ferhati, LLC was retained on behalf of the owner, defendant E&M 2710 Clarendon LLC (E&M), to perform clean-up services. E&M also agreed to let a salvager, whom its plumber had used to remove an item from the…