Larone Butler v. Marco Realty Associates, L.P., et al.

Summary

The Appellate Division, First Department modified an order granting partial summary judgment to the plaintiff on liability under Labor Law § 240(1), dismissing the Labor Law § 200 and common-law negligence claims against the owner and tenants, and otherwise affirmed. The court held that issues of fact remained regarding the general contractor’s supervision and coordination of the work, contractual indemnification, and whether the plaintiff’s injuries arose from QCC Maintenance’s work, while common-law indemnification and contribution claims were barred because the injuries were not grave injuries under Workers’ Compensation Law § 11.

Holdings

1. Butler established prima facie entitlement to partial summary judgment on liability under Labor Law § 240(1), and the defendants failed to raise a material issue of fact, because the falling pipe was an object that required securing and the injury resulted from the absence of an enumerated safety device.
2. The Labor Law § 200 and common-law negligence claims against Marco Realty, Old Navy, and The Gap must be dismissed because the accident arose from the means and methods of the work and those defendants did not control the injury-producing work.
3. Summary judgment was properly denied to James Hunt because an issue of fact remained as to whether it controlled the schedule of trades and could have avoided the unsafe condition.
4. Summary judgment was properly denied on the building defendants' contractual indemnification claims against Always First and QCC because factual issues remained concerning James Hunt's negligence and, as to QCC, whether the claim arose out of QCC's work and whether QCC was responsible for removing the pipe.
5. Always First was entitled to dismissal of the building defendants' common-law indemnification and contribution claims because Butler's shoulder and spine injuries did not constitute grave injuries under Workers' Compensation Law § 11.

Questions Presented

1. Whether Butler was entitled to partial summary judgment on liability under Labor Law § 240(1).
2. Whether the Labor Law § 200 and common-law negligence claims against Marco Realty, Old Navy, and The Gap should be dismissed because they lacked supervisory authority over the injury-producing work.
3. Whether summary judgment was properly denied on the contractual indemnification claims against Always First and QCC.
4. Whether Always First was entitled to summary judgment dismissing the building defendants' common-law indemnification and contribution claims because Butler's injuries were not grave injuries under Workers' Compensation Law § 11.

Disposition

other