Cerda v. Cydonia W71, LLC

Summary

The New York Appellate Division, First Department, affirmed an order granting the plaintiff partial summary judgment on his Labor Law § 240(1) claim arising from injuries caused by an unsecured scaffold plank. The court modified the order to conditionally grant Cydonia W71, LLC and CCNY Construction Inc. summary judgment on their contractual indemnification claim against Standard Waterproofing Corp., while affirming the denial of Standard's indemnification claim against Xuntos Construction Corp.

Holdings

1. Plaintiff was entitled to partial summary judgment because the evidence established that an improperly secured scaffold plank fell and proximately caused his injuries, and defendants failed to raise a triable issue of fact.
2. Cydonia and CCNY failed to establish that plaintiff was the sole proximate cause because there was no evidence that his employer or supervisor directed him not to use the scaffolding.
3. Cydonia and CCNY were entitled to conditional summary judgment on their contractual indemnification claim against Standard because their liability was purely vicarious, while factual issues remained concerning Standard's negligence. Standard was not entitled to summary judgment on its indemnification claim against Xuntos because Standard failed to establish its own freedom from negligence and factual issues existed regarding responsibility for maintaining and securing the plank.

Questions Presented

1. Whether plaintiff was entitled to partial summary judgment on his Labor Law § 240(1) claim based on the fall of an improperly secured scaffold plank.
2. Whether Cydonia W71, LLC and CCNY Construction Inc. established a triable issue concerning plaintiff's alleged sole proximate cause of the accident.
3. Whether Cydonia and CCNY were entitled to conditional summary judgment on their contractual indemnification claim against Standard Waterproofing Corp.
4. Whether Standard Waterproofing Corp. was entitled to summary judgment on its contractual indemnification claim against Xuntos Construction Corp.

Disposition

other