Simone v. Colin Dev., LLC

Summary

The Appellate Division, Second Department, affirmed an order denying summary judgment motions by the Sims defendants and Colin Development, LLC, in a personal injury action involving Labor Law § 200 and common-law negligence claims. The court held that triable issues remained concerning supervision and control over the plaintiff’s work, the creation or notice of a dangerous condition, and whether Colin was the plaintiff’s special employer. The court also upheld denial of summary judgment on cross-claims for common-law indemnification and contribution.

Holdings

1. The Sims defendants were not entitled to summary judgment because they failed to eliminate triable issues of fact concerning whether their technician directed the plaintiff to manually turn on the HVAC unit and whether their employee created or had actual or constructive notice of the dangerous condition associated with setting up the ladder.
2. Colin Development, LLC, was not entitled to summary judgment because it failed to establish prima facie that the plaintiff was its special employee or that it controlled and directed the manner, details, and ultimate result of his work.
3. The defendants were not entitled to summary judgment dismissing the cross-claims for common-law indemnification and contribution because they failed to establish prima facie entitlement to dismissal of the underlying Labor Law § 200 and common-law negligence claims.

Questions Presented

1. Whether the Sims defendants established entitlement to summary judgment dismissing the Labor Law § 200 and common-law negligence claims by showing that they lacked authority to supervise or control the plaintiff's work and lacked actual or constructive notice of the dangerous condition.
2. Whether Colin Development, LLC, established as a matter of law that the plaintiff was its special employee and that the Workers' Compensation Law's exclusivity provisions barred the Labor Law § 200 and common-law negligence claims.
3. Whether the defendants were entitled to summary judgment dismissing the cross-claims for common-law indemnification and contribution.

Disposition

affirmed