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FILED: NEW YORK COUNTY CLERK 10/27/2021 03:35 PM
`NYSCEF DOC. NO. 120
`
`INDEX NO. 158546/2015
`
`RECEIVED NYSCEF: 10/27/2021
`
`
`
`
`
`SUPREME COURT OF THE STATE OF NEW YORK
`NEW YORK COUNTY
`
`PRESENT:
`
`
`
`
`HON. PAUL A. GOETZ
`
`
`Justice
`---------------------------------------------------------------------------------X
`
`PART
`
`
`
`
`
`47
`
`MILAGROS MUSSE,
`
` Plaintiff,
`
`
`
`- v -
`
`
`
`TRIBOROUGH BRIDGE AND TUNNEL AUTHORITY, PORT
`AUTHORITY OF NEW YORK AND NEW JERSEY
`
` Defendants.
`
`
`
`---------------------------------------------------------------------------------X
`
`
`
`
`
` INDEX NO.
`
` MOTION DATE
`
`
` MOTION SEQ. NO.
`
`
`158546/2015
`
`09/09/2021
`
` 003
`
`
`DECISION + ORDER ON
`MOTION
`
`The following e-filed documents, listed by NYSCEF document number (Motion 003) 88, 89, 90, 91, 92,
`93, 94, 95, 96, 97, 98, 99, 100, 101, 102, 103, 104, 105, 106, 107, 108, 109, 110, 111, 112, 113, 114,
`115, 116, 117, 118, 119
`
`were read on this motion to/for
`
` SUMMARY JUDGMENT(AFTER JOINDER
`
`.
`
`
`Upon the foregoing documents, it is
`
`
`
`
`
`
`
`ORDERED that defendant Port Authority of New York and New Jersey’s motion for
`
`summary judgment seeking dismissal of plaintiff’s Labor Law complaint must be granted as
`
`PANYNJ is not a proper Labor Law defendant because it did not hire plaintiff or her employer,
`
`Tutor Perini, and did not contract for the work done at the premises (Ahmed v Momart Discount
`
`Store, Ltd., 31 AD3d 307 [1st Dept 2006]; see also Brown v. Christopher St. Owners Corp., 211
`
`A.D.2d 441, 442 [1st Dep’t 1995], affd 87 NY2d 938 1996]); and it is further
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`ORDERED that the complaint is dismissed against said defendant with costs and
`
`
`158546/2015 MUSSE, MILAGROS vs. TRIBOROUGH BRIDGE AND TUNNEL
`Motion No. 003
`
`
`Page 1 of 2
`
`1 of 2
`
`

`

`FILED: NEW YORK COUNTY CLERK 10/27/2021 03:35 PM
`NYSCEF DOC. NO. 120
`
`INDEX NO. 158546/2015
`
`RECEIVED NYSCEF: 10/27/2021
`
`
`
`disbursements and the Clerk shall enter judgment accordingly.
`
`
`
`10/27/2021
`DATE
`
`
`CHECK ONE:
`
`
`
`APPLICATION:
`
`CHECK IF APPROPRIATE:
`
`
`
`
`
`
`
`
`
`X CASE DISPOSED
`
`X GRANTED
`
`SETTLE ORDER
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`DENIED
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`PAUL A. GOETZ, J.S.C.
`
`
`NON-FINAL DISPOSITION
`
`
`
`
`
`
`
`GRANTED IN PART
`
` OTHER
`
`SUBMIT ORDER
`
`FIDUCIARY APPOINTMENT
`
`
`
`
`
`
`
`REFERENCE
`
`INCLUDES TRANSFER/REASSIGN
`
`
`158546/2015 MUSSE, MILAGROS vs. TRIBOROUGH BRIDGE AND TUNNEL
`Motion No. 003
`
`
`Page 2 of 2
`
`
`
`2 of 2
`
`

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