Managing Partner Joseph Orlando wins summary judgment in Diaz v. Ponsolle Brothers, et al., Index # 707351/2019, Supreme Court Queens County.  The plaintiff alleged that he tripped and fell over scattered jobsite debris while carrying a door during the ground-up construction of a new storage facility.  He identified the debris as pieces of cinderblock, wood, concrete, wiring, etc.  He testified that he had carried several doors through this same area of the jobsite on the morning of his accident and then took lunch.  He did not observe any debris during the morning hours.  On his first trip through this area of the jobsite after lunch while carrying a door, he tripped over the claimed debris testifying that someone must have created the debris during his lunch break.  Our client, Ponsolle Brothers, was the masonry subcontractor on the project.  On June 1, 2026, Judge Scott Dunn granted our client’s motion for summary judgment based on the general contractor’s daily logs showing that Ponsolle Bros. was not on-site on the date of the incident and was last on-site 3 weeks prior to the accident date.  This evidence was corroborated by the testimony of Ponsolle Bros.  Accordingly, the judge concluded that Ponsolle Bros. could not have created the alleged debris condition.