TREACY v. INSPIRED EVENT PRODUCTIONS, LLC

Index No. 653010/12. Appeal No. 13259. Case No. 2020-02565.

192 A.D.3d 444 (2021)

139 N.Y.S.3d 804

2021 NY Slip Op 01347

Peter Treacy, Appellant, v. Inspired Event Productions, LLC, et al., Respondents, et al., Defendants.

Appellate Division of the Supreme Court of New York, First Department.

Decided March 4, 2021.


Attorney(s) appearing for the Case

Kenneth J. Ready & Associates, Mineola ( Gregory S. Gennarelli of counsel), for appellant.

Barry McTiernan & Moore LLC, New York ( David H. Schultz of counsel), for Inspired Event Productions, LLC, respondent.

Lewis Johs Avallone Aviles LLP, Islandia ( Mark R. Aledort of counsel), for Works in Progress, Inc., respondent.

Davis Wright Tremaine LLP, New York ( Alison Schary of counsel), for Microsoft Corp. and Marriott International Inc., respondents.

Weber Gallagher Simpson Stapleton Fires & Newby, LP, New York ( Robert A. Suarez of counsel), for Ports America, Inc. and Port Newark Container Terminal, LLC, respondents.

Concur—Kern, J.P., Oing, Singh, Moulton, JJ.


Plaintiff, a Teamsters' Union laborer employed by nonparty Budd Enterprises, Ltd., was unloading a truck with his coworkers and foreman when a crate, which was on top of one of the stacks being moved, fell upon him. The crates contained materials to erect booths and other set pieces for Microsoft's Imagine Cup 2011. The motion court correctly found that plaintiff, who was not permitted beyond the loading dock, due to Union and contractual rules, was not a covered worker under...

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