Mooney v. PCM Development Co.
Court: Appellate Division of the Supreme Court of the State of New York; April 21, 1997; New York; State Appellate Court
In a personal injury case involving third-party defendant S. H Interiors, the Supreme Court, Kings County, affirmed a prior order that granted plaintiffs partial summary judgment on liability under Labor Law § 240(1) and denied S. H Interiors' motion to dismiss the plaintiffs' claims. The court also granted summary judgment for defendants PCM Development Company and Pyramid Companies on their indemnification claims against S. H Interiors. The plaintiff, Kevin Mooney, who was employed by S. H Interiors, sustained injuries when scaffolding he was on was struck by a mechanical lift. The court found that the plaintiffs had established a prima facie case for liability under Labor Law § 240(1) and that the risk of the scaffolding being hit was not an extraordinary or attenuated cause that would relieve PCM/Pyramid of liability. The court rejected arguments that the injury was unrelated to an elevation hazard and upheld the position that PCM/Pyramid, as the party contracting with S. H Interiors, was subject to liability under the statute. Additionally, PCM/Pyramid's failure to deny its status as the general contractor in its answer was deemed an admission, further solidifying its liability. The contractual agreement between PCM/Pyramid and S. H Interiors demonstrated that PCM/Pyramid had significant control over the work and safety policies, confirming its responsibility under Labor Law § 240(1). The decision was reached with a concurrence from Justices Miller, Sullivan, Florio, and Luciano.