Onofrio Mazzurco et al. v Broadway 52nd L.P. and Robert B. Samuels, Inc.
Attorneys and Parties
Brief Summary
Construction-site personal injury and indemnification dispute involving Labor Law § 240(1) [New York's Scaffold Law requiring proper protection against elevation-related risks], Labor Law § 241(6) [requires compliance with specific Industrial Code safety regulations], Labor Law § 200 [codifies the common-law duty to provide a safe workplace], common-law negligence, and indemnification claims between an owner and subcontractor.
The trial court denied Robert B. Samuels, Inc.'s motion for summary judgment dismissing the complaint, granted Broadway 52nd L.P. summary judgment on its cross-claim for common-law indemnification and contribution against Robert B. Samuels, Inc., and denied Broadway's request for summary judgment on contractual indemnification.
The Appellate Division modified the order only to grant Broadway 52nd L.P. summary judgment on its contractual indemnification cross-claim against Robert B. Samuels, Inc.; the remainder of the order was affirmed.
The record raised factual issues as to whether Robert B. Samuels, Inc. worked in the stairwell, created or failed to remedy the dark condition and wire hazard, and therefore could be liable as a statutory agent and in negligence. Broadway was entitled to contractual indemnification because the injury arose out of Robert B. Samuels, Inc.'s work and Broadway had already obtained dismissal of the Labor Law § 200 and negligence claims against it.
Background
Plaintiff, a laborer employed by nonparty J.T. Magen and Company, Inc., was injured at a construction site when he fell down a stairwell. He testified that the stairwell was very dark and that his foot became tangled in a loop of Cat-6 wire on the stairs, causing him to trip and fall. He sued, asserting claims under Labor Law § 240(1) [New York's Scaffold Law requiring proper protection against elevation-related risks], Labor Law § 241(6) [requires compliance with specific Industrial Code safety regulations], Labor Law § 200 [codifies the common-law duty to provide a safe workplace], and common-law negligence. The subcontractor, Robert B. Samuels, Inc. (RBS), argued it was entitled to dismissal, while owner Broadway 52nd L.P. sought indemnification from RBS.
Lower Court Decision
Supreme Court, New York County, denied RBS 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 held that summary judgment was properly denied to RBS because factual issues remained as to whether RBS had supervision and control over the relevant work area, whether it created the hazardous condition by leaving wire on the stairs or failing to provide adequate lighting, and whether those conditions caused plaintiff's fall. The court also held that plaintiff's Labor Law § 241(6) claim could proceed based on evidence of inadequate lighting under 12 NYCRR 23-1.30 [requires illumination sufficient for safe working conditions where persons must work or pass]. It affirmed Broadway's common-law indemnification award and modified the order to also grant Broadway contractual indemnification, concluding that the indemnity clause was triggered because plaintiff's injuries arose out of RBS's work and Broadway was not shown to be negligent. Two justices dissented in part, reasoning that Labor Law § 240(1) should not apply because plaintiff merely tripped on debris on a permanent stairway rather than suffering from a qualifying elevation-related risk.
Legal Significance
The decision reinforces that, in the First Department, a subcontractor may face Labor Law liability as a statutory agent when it had delegated control over the work area or created the dangerous condition. It also reflects the court's willingness to allow a Labor Law § 240(1) claim to proceed where a stairway used to access the work area may itself function as a safety device or elevated platform, even without a conceded structural defect in the stairs. Separately, the ruling underscores that a broad contractual indemnification clause covering injuries 'arising out of' a subcontractor's work can be enforced on summary judgment when the owner is free from negligence and the accident is connected to the subcontractor's work.
A subcontractor that worked in and controlled a stairwell may be denied summary judgment where evidence suggests it created unsafe lighting and debris conditions, and an owner can obtain both common-law and contractual indemnification when the worker's accident arose from the subcontractor's work and the owner was not negligent.