`NYSCEF DOC. NO. 121
`
`INDEX NO. 158546/2015
`
`RECEIVED NYSCEF: 11/01/2021
`
`SUPREME COURT OF THE STATE OF NEW YORK
`COUNTY OF NEW YORK
`
`MILAGROS MUSSE,
`
`X
`
`Index No.: 158546/2015
`
`Plaintiff,
`
`-against-
`
`ORDER WITH NOTICE OF
`ENTRY
`
`TRIBOROUGH BRIDGE AND TUNNEL AUTHORITY
`and PORT AUTHORITY OF NEW YORK AND
`NEW JERSEY,
`
`Defendants.
`
`X
`
`SIRS:
`
`PLEASE TAKE NOTICE that the within is a true copy of the Order of the Honorable
`
`Paul A. Goetz, duly entered with the Clerk of the above captioned Court on or about October 27,
`
`2021.
`
`Dated: New York, New York
`November 1, 2021
`
`Yours, etc.,
`
`RUBIN, FIORELLA, FRIEDMAN & MERCANTE LLP
`
`V
`
`By:
`Stewart B. Greenspan, Esq.
`Attorneys for Defendant
`PORT AUTHORITY OF NEW YORK AND NEW
`JERSEY
`630 Third Avenue - 3 rd Floor
`New York, New York 10017
`Tel No.: (212) 953-2381
`File No.: 1013.40676
`
`TO:
`
`Kazmierczuk & McGrath
`Attorneys for Plaintiff
`103-16 Metropolitan Avenue
`Forest Hills, New York 11375
`(718) 441-5460
`
`1 of 4
`
`
`
`FILED: NEW YORK COUNTY CLERK 11/01/2021 10:53 AM
`NYSCEF DOC. NO. 121
`
`INDEX NO. 158546/2015
`
`RECEIVED NYSCEF: 11/01/2021
`
`The Law Offices Of
`Kenneth Arthur Rigby, PLLC
`Attorneys for Defendant
`TRIBOROUGH BRIDGE AND
`TUNNEL AUTHORITY
`15 Maiden Lane, Suite 803
`New York, New York 10038
`(212) 629-7575
`
`4829-8280-8313, v. 1
`
`2 of 4
`
`
`
`FILED: NEW YORK COUNTY CLERK 11/01/2021 10:53 AM
`NYSCEF DOC. NO. 121
`
`NYSCEF DOC. NO. 120
`
`INDEX NO. 158546/2015
`
`RECEIVED NYSCEF: 11/01/2021
`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
`
`PART
`
`47
`
`MILAGROS MUSSE,
`
`Plaintiff,
`
`- V -
`
`Justice
`
`(cid:9)
`
`X
`
`INDEX NO.
`
`158546/2015
`
`MOTION DATE
`
`09/09/2021
`
`MOTION SEQ. NO.
`
`003
`
`TRIBOROUGH BRIDGE AND TUNNEL AUTHORITY, PORT
`AUTHORITY OF NEW YORK AND NEW JERSEY
`
`DECISION + ORDER ON
`MOTION
`
`Defendants
`
`(cid:9)
`
`X
`
`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 plaintiffs 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., 21 1
`
`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
`
`3 of 4
`
`
`
`FILED: NEW YORK COUNTY CLERK 11/01/2021 10:53 AM
`NYSCEF DOC. NO. 121
`
`NYSCEF DOC. NO.
`
`120
`
`INDEX NO. 158546/2015
`
`RECEIVED NYSCEF: 11/01/2021
`INDEX NO. 158546/2015
`
`RECEIVED NYSCEF: 10/27/2021
`
`disbursements and the Clerk shall enter judgment accordingly.
`
`10/27/2021
`DATE
`
`CHECK ONE:
`
`20? 10271535?
`
`W275AIS041C;
`
`dA6S?A5I3E25C8?I;1F
`
`PAULA. GOETZ, J.S.C.
`
`X
`
`X
`
`CASE DISPOSED
`
`NON-FINAL DISPOSITION
`
`GRANTED
`
`DENIED
`
`GRANTED IN PART
`
`"J OTHER
`
`APPLICATION:
`
`SETTLE ORDER
`
`SUBMIT ORDER
`
`CHECK IF APPROPRIATE:
`
`INCLUDES TRANSFER7REASSIGN
`
`FIDUCIARY APPOINTMENT
`
`REFERENCE
`
`158546/2015 MUSSE, Ml LAG ROS vs. TRIBOROUGH BRIDGE AND TUNNEL
`Motion No. 003
`
`Page 2 of 2
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`2 of 2
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`4 of 4
`
`
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