Krifca v. Bronx-Lebanon Special Care Ctr., Inc.

Summary

The Appellate Division, First Department, affirmed an order granting plaintiffs summary judgment on liability under Labor Law § 240(1) arising from injuries caused by falling roofing materials. The court held that the materials fell because the securing belts were inadequate and that the plaintiff was engaged in a covered roofing activity. The court also granted the property owners conditional summary judgment on their common-law indemnification cross-claim against the material supplier, while declining to dismiss the supplier’s contractual indemnification claim against the plaintiff’s employer.

Holdings

1. Plaintiffs were properly granted summary judgment on liability under Labor Law § 240(1) because Krifca was engaged in a covered roof-replacement activity and the roofing materials fell while being hoisted due to the inadequacy of the belts securing the load.
2. The court did not need to address the Labor Law § 241(6) arguments because they were rendered academic by the proper disposition of the Labor Law § 240(1) claim.
3. Supreme Court properly declined to consider Flatiron's successive motion for summary judgment dismissing Allied's contractual-indemnification claim because the additional discovery did not resolve the factual issues identified in the prior order.
4. BLHC was entitled to conditional summary judgment on its common-law indemnification cross-claim against Allied.

Questions Presented

1. Whether the plaintiffs were entitled to summary judgment on liability under Labor Law § 240(1) because Krifca was engaged in a covered roofing activity and the hoisted materials fell due to an inadequate securing device.
2. Whether the Labor Law § 241(6) arguments required consideration after summary judgment was properly granted under Labor Law § 240(1).
3. Whether Flatiron's successive motion for summary judgment dismissing Allied's contractual-indemnification claim resolved the factual issues previously identified by Supreme Court.
4. Whether BLHC was entitled to conditional summary judgment on its common-law indemnification claim against Allied.

Disposition

other