Barilla Am. NY, Inc. v. Boulter Indus. Contrs., Inc.

Summary

The Appellate Division, Fourth Department, unanimously affirmed an order denying in part Boulter Industrial Contractors, Inc.'s motion for summary judgment in Barilla America NY, Inc.'s breach-of-contract action. The court held that Boulter's submissions raised triable issues concerning whether the millwrights were qualified, the scope of Boulter's contractual obligations, and whether the millwrights were Barilla's special employees. The action arose from metal contamination in pasta produced after maintenance work at Barilla's plant.

Holdings

1. Boulter was not entitled to summary judgment because its own submissions raised triable issues of fact concerning whether the millwrights were qualified and concerning the scope of Boulter's obligations under the oral agreement.
2. Boulter was not entitled to summary judgment on the special-employment theory because its submissions raised questions of fact concerning which party supervised and directed the millwrights' work.

Questions Presented

1. Whether Boulter established as a matter of law that it satisfied its sole obligation under the oral agreement by supplying qualified millwright laborers.
2. Whether Boulter's submissions established as a matter of law that the millwrights were special employees of Barilla, making Barilla solely liable for negligence attributable to them.
3. Whether triable issues of fact precluded summary judgment dismissing Barilla's breach-of-contract claim.

Disposition

affirmed