Bermeo v. Master Plumbing & Heating, Inc.

Summary

The Appellate Division, First Department, modified an order concerning a construction-site injury caused by a falling sprinkler pipe. It upheld summary judgment for the plaintiff on liability under Labor Law § 240(1) and denial of Master Plumbing's motion concerning Labor Law § 200, common-law negligence, and cross-claims. The court granted the property owners conditional contractual indemnification claims against Master Plumbing and Pelham Construction, subject to findings of negligence or responsibility for the materials involved.

Holdings

1. Bermeo established prima facie entitlement to summary judgment on liability under Labor Law § 240(1), and the Owner defendants failed to raise a triable issue of fact.
2. Master Plumbing was not entitled to summary judgment dismissing Bermeo's Labor Law § 200 and common-law negligence claims.
3. The Owner defendants were entitled to conditional contractual indemnification against Master Plumbing and Pelham.

Questions Presented

1. Whether Bermeo was entitled to summary judgment on liability under Labor Law § 240(1) based on the fall of an unsecured steel sprinkler pipe.
2. Whether Master Plumbing was entitled to summary judgment dismissing Bermeo's Labor Law § 200 and common-law negligence claims and all cross-claims.
3. Whether the Owner defendants were entitled to conditional contractual indemnification against Master Plumbing and Pelham under their respective agreements.

Disposition

modified