Onofrio Mazzurco et al. v Broadway 52nd L.P. and Robert B. Samuels, Inc.
Attorneys and Parties
Brief Summary
Construction-site injury litigation involving whether a subcontractor can be liable under Labor Law § 240(1) [Scaffold Law requiring safety devices for elevation-related risks], Labor Law § 241(6) [construction safety provision requiring compliance with specific Industrial Code rules], Labor Law § 200 [codifies the duty to provide a safe workplace], and common-law negligence after a worker fell down a dark stairwell and allegedly tripped on wire.
The trial court denied Robert B. Samuels, Inc. (RBS) summary judgment dismissing the complaint, granted Broadway 52nd L.P. summary judgment on its cross-claim for common-law indemnification and contribution against RBS, and denied Broadway summary judgment on its cross-claim for contractual indemnification against RBS.
The Appellate Division modified the order only to grant Broadway summary judgment on contractual indemnification against RBS; it otherwise affirmed, including the denial of RBS's request to dismiss the worker's claims.
The record raised factual issues as to whether RBS worked in the stairway, controlled the relevant area, created or failed to correct the dark condition, and left the Cat-6 cable that allegedly caused the fall. The court also held that the accident arose out of RBS's work, which triggered the indemnification clause requiring RBS to indemnify Broadway.
Background
Plaintiff, a laborer employed by nonparty J.T. Magen and Company, Inc., was injured while descending a stairwell at a construction site. He testified that the stairwell was very dark and that his foot became tangled in a loop of wire or Cat-6 cable on the stairs, causing him to trip and fall. He sued owner Broadway 52nd L.P. and subcontractor Robert B. Samuels, Inc. under Labor Law § 240(1), Labor Law § 241(6), Labor Law § 200, and common-law negligence. Broadway asserted cross-claims against RBS for common-law and contractual indemnification and contribution.
Lower Court Decision
Supreme Court, New York County, denied RBS's motion for summary judgment dismissing the complaint. It granted Broadway summary judgment on its cross-claim for common-law indemnification and contribution against RBS, but denied Broadway summary judgment on contractual indemnification.
Appellate Division Reversal
The Appellate Division modified the order to grant Broadway summary judgment on contractual indemnification as well. The court held that the indemnity provision applied because plaintiff's alleged injuries arose out of RBS's performance or nonperformance of its work, and Broadway had already obtained dismissal of the Labor Law § 200 and negligence claims against it. The court otherwise affirmed, holding that factual issues remained as to RBS's liability because RBS may have been a statutory agent and may have created the hazardous condition by inadequate lighting or failing to remove the cable. The court also found triable issues under 12 NYCRR 23-1.30 [Industrial Code rule requiring sufficient illumination] for the Labor Law § 241(6) claim. Two justices dissented in part, concluding that Labor Law § 240(1) should not apply to this stairway fall because the stairway was permanent and not shown to be structurally defective.
Legal Significance
The decision underscores that, in the First Department, a subcontractor may face liability as a statutory agent where it supervised or controlled the work area or created the condition causing injury. It also reflects the department's broader willingness to allow Labor Law § 240(1) claims involving stairways used as access to work areas, even absent a structural defect, at least at the summary judgment stage. In addition, the case reinforces that an indemnification clause using broad 'arising out of' language will be enforced where the accident is connected to the subcontractor's work and the owner is only vicariously liable.
A construction subcontractor cannot obtain summary judgment where evidence suggests it controlled the accident area or created the dangerous condition, and a property owner may obtain both common-law and contractual indemnification when the worker's injuries stem from that subcontractor's work.