Kwasnik v. 160 Water Street, Inc. et al
| Waldyslaw Kwasnik |
| 160 Water Street, Inc., 160 Water Street Associates, 59 Maiden Lane Associates, LLC., 90 Church Street Limited Partnership, Ambient Group, Inc., American Express Bank, Ltd., American Express Company, American Express Travel Related Services Company, Inc., Battery Park City Authority, Belfor USA Group, Inc., BFP One Liberty Plaza Co., Inc., BFP Tower Co. LLC, BFP Tower C. MM LLC, Blackmon-Mooring-Stematic Catastrophe Inc., Boston Properties, Inc., Brookfield Financial Properties, Inc., Brookfield Financial Properties, LP, Brookfield Partners LP, Brookfield Properties Corporation, Brookfield Properties Holdings Inc., G.L.O. Management, Inc., General RE Services Corp., Hillman Environmental Group, LLC, Lehman Brothers Holdings Inc., Lehman Brothers, Inc., Lehman Commercial Paper, Inc., McClier Corporation, National Association of Securities Dealers Inc., New Liberty Plaza LP, One Liberty Plaza, Structure Tone Global Services Inc., Structure Tone UK Inc., The Board of Managers of the One Liberty Plaza Condominium, Condo #1178, The One Liberty Plaza Condominium Condo #1178, Trammell Crow Company, Trammell Crow Corporate Services, Inc., Tribeca North End LLC, Tucker Anthony, Inc., WFP One Liberty Plaza Co. LP, WFP One Liberty Plaza Co, GP Corp., WFP Retail Co., G.P., Corp., WFP Retail Co. L.P., WFP Tower A Co., WFP Tower A. Co. L.P., WFP Tower A. Co. LP, WFP Tower A. Co. G.P. Corp. and World Financial Properties L.P. |
| 1:2007cv11291 |
| December 17, 2007 |
| US District Court for the Southern District of New York |
| Foley Square Office |
| Richmond |
| Alvin K. Hellerstein |
| P.I.: Other |
| 49 U.S.C. ยง 40101 Air Trans. Safety and Sys. Stabilization Act |
| Plaintiff |
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Filing
274
ORDER AND OPINION DENYING IN PART AND GRANTING IN PART DEFENDANTS' MOTIONS FOR SUMMARY JUDGMENT TO DISMISS THE COMPLAINT re: (166 in 1:07-cv-11291-AKH) MOTION for Summary Judgment filed by WFP Tower A. Co. LP, BFP One Li berty Plaza Co. LLC., World Financial Properties L.P., BFP Tower Co. LLC, WFP One Liberty Plaza Co. LP, WFP Retail Co. L.P., BFP Tower C. MM LLC, Brookfield Properties Corporation, Brookfield Properties Holdings Inc., WFP Tower A Co., WFP Tower A. Co. G.P. Corp., Brookfield Partners LP, Brookfield Financial Properties, LP, WFP Tower A. Co. L.P., BFP One Liberty Plaza Co., Inc., WFP One Liberty Plaza Co, GP Corp., Brookfield Financial Properties, Inc., WFP Retail C o., G.P., Corp., (125 in 1:07-cv-11291-AKH) MOTION for Summary Judgment filed by 160 Water Street Associates, 160 Water Street, Inc., G.L.O. Management, Inc., (130 in 1:07-cv-11291-AKH) MOTION for Summary Judgment file d by General RE Services Corp., (178 in 1:07-cv-11291-AKH) MOTION for Summary Judgment . filed by Ambient Group, Inc., (134 in 1:07-cv-11291-AKH) MOTION for Summary Judgment filed by National Association of Securities Dea lers Inc., (161 in 1:07-cv-11291-AKH) SECOND MOTION for Summary Judgment filed by Structure Tone UK Inc., Structure Tone Global Services Inc., (141 in 1:07-cv-11291-AKH) MOTION for Summary Judgment filed by HILLMANN ENV IRONMENTAL GROUP, LLC, Hillman Environmental Group, LLC, (152 in 1:07-cv-11291-AKH) MOTION for Summary Judgment filed by 90 Church Street Limited Partnership, Boston Properties, Inc., (185 in 1:07-cv-11291-AKH) MOTION for Summa ry Judgment Dismissing Labor Law 241(6), 200 and General Negligence Claims filed by 59 Maiden Lane Associates, LLC., (145 in 1:07-cv-11291-AKH) MOTION for Summary Judgment filed by Blackmon-Mooring-Stematic Catastrophe Inc.: In summary, for the foregoing reasons, the motion filed by Water Street Associates is DENIED with respect to Kwasnik's section 200 claims arising from his work at 160 Water Street. The motion is GRANTED with respect to Kwasnik's section 241(6) claims arising from his work at 160 Water Street. The motion filed by General Re is GRANTED in its entirety with respect Kwasnik's section 200 and section 241(6) claims arising from his work at 1 Liberty Plaza. The motion filed by NASD is GRANTED in its entirety with respect to Kwasnik's section 200 and section 241(6) claims arising from his work at 1 Liberty Plaza. The motion filed by Hillmann is DENIED with respect to Kwasnik's section 200 claims arising from his work at 1 Liberty Plaza. The motion is GRANTED with respect to Kwasnik's section 241(6) claims arising from his work at 1 Liberty Plaza. The motion filed by BMS is GRANTED in its entirety with respect to Kwasnik's section 200 and section 241(6 ) claims arising from his work at 1 Liberty Plaza, 1 World Financial Center, and 3 World Financial Center. The motion filed by Boston Properties is DENIED with respect to Kwasnik's section 200 claims arising from his work at 90 Church Street. T he motion is GRANTED with respect to his section 241(6) claims, arising from his work at 90 Church Street, alleging violations of Industrial Code Rules 23-2.1(b) and 23-1.7(g), and DENIED with respect to his section 241(6) claims alleging violatio ns of Industrial Code Rules 23-1.5(c)(3), 23-1.7(h), 23-1.8(c)(4), and 23-1.8(b)(1). The motion filed by Structure Tone is DENIED with respect to Kwasnik's section 200 and section 241(6) claims arising from his work at 90 Church Street. The m otion is GRANTED with respect to his section 241(6) claims, arising from his work at 90 Church Street, alleging violations of Industrial Code Rules 23-2.1(b) and 23-1.7(g), and DENIED with respect to his section 241(6) claims alleging violations of Industrial Code Rules 23-1.5(c)(3), 23-1.7(h), 23-1.8(c)(4), and 23-1.8(b)(1). The motion filed by Brookfield is DENIED with respect to Kwasnik's section 200 claims arising from his work at 1 Liberty Plaza and 1 World Financial Center. The mo tion is GRANTED with respect to Kwasnik's section 241(6) claims arising from his work at 1 Liberty Plaza and 1 World Financial Center. The motion filed by Ambient is DENIED with respect to Kwasnik's section 200 claims arising from his wor k at 90 Church Street. The motion is GRANTED with respect to his section 241(6) claims, arising from his work at 90 Church Street, alleging violations of Industrial Code Rules 23-2.1(b) and 23-1.7(g), and DENIED with respect to his section 241(6 ) claims alleging violations of Industrial Code Rules 23-1.5(c)(3), 23-1.7(h), 23-1.8(c)(4), and 23-1.8(b)(1). The motion filed by Maiden Lane Associates is DENIED with respect to Kwasnik's section 200 claims arising from his work at 59 Maide n Lane. The motion is GRANTED with respect to Kwasnik's section 241(6) claims arising from his work at 59 Maiden Lane. Accordingly, the Clerk shall mark the following motions in No. 07-cv-11291 as terminated: Doc. No. 125, Doc. No. 130, Doc. N o. 134, Doc. No. 141, Doc. No. 145, Doc. No. 152, Doc. No. 161, Doc. No. 166, Doc. No. 178, and Doc. No. 185. The Clerk shall enter judgment in case number 07-cv-11291 dismissing the Complaint against General Re, NASD, and BMS (collectively, the "Dismissed Defendants"), with costs to the Dismissed Defendants. Kwasnik shall file an Amended Complaint by November 14, 2014, consistent with this Order and Opinion, dropping the Dismissed Defendants from the caption and the allegations and retaining the paragraph numbering of the existing complaint. Defendants' Answers need not be amended. (Signed by Judge Alvin K. Hellerstein on 10/28/2014) Filed In Associated Cases: 1:21-mc-00102-AKH, 1:07-cv-11291-AKH(tn)
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