Llerena v. 975 Park Ave. Corp.

Summary

The New York Appellate Division, First Department, modified and otherwise affirmed an order concerning claims arising from a worker's injury on a suspended scaffold during facade repairs. The court granted the plaintiff partial summary judgment on the Labor Law § 240(1) claim and dismissed the common-law negligence and Labor Law § 200 claims against the general contractor, Nova Construction Services, LLC. The Labor Law § 241(6) claim was deemed academic.

Holdings

1. Plaintiff was entitled to partial summary judgment on his Labor Law § 240(1) claim, and defendants' motion for summary judgment dismissing that claim should have been denied, because the inadequately secured scaffold caused the injury while plaintiff was exposed to gravity-related risks during exterior building work.
2. Nova was entitled to summary judgment dismissing the common-law negligence and Labor Law § 200 claims because the accident arose from the means and methods of the injury-producing work and the record did not show that Nova exercised sufficient actual control over that work.
3. The Labor Law § 241(6) claim was academic after the court resolved the Labor Law § 240(1) claim, so the court declined to reach it.

Questions Presented

1. Whether plaintiff was entitled to partial summary judgment on his Labor Law § 240(1) claim based on injuries caused by an inadequately secured suspended scaffold.
2. Whether defendants were entitled to summary judgment dismissing plaintiff's common-law negligence and Labor Law § 200 claims against Nova Construction Services, LLC, the general contractor, based on lack of actual control over the injury-producing work.
3. Whether the court needed to reach plaintiff's Labor Law § 241(6) claim predicated on Industrial Code § 23-5.8(g) after resolving the Labor Law § 240(1) claim.

Disposition

other