Narrative Opinion Summary
In this appellate case, Jacob Singer Sons, Inc. challenges a Supreme Court order granting summary judgment in favor of the plaintiff and co-defendant Eisenberg Industrial Contracting Company. The plaintiff sustained injuries in 1991 when a roof collapsed at his workplace, leading to a lawsuit citing negligence and violations of Labor Law § 240. Eisenberg Industrial, facing suit, pursued third-party claims against Jacob Singer. The Supreme Court's decision in favor of the plaintiff was based on testimony confirming the collapsed roof as part of the construction site, thus invoking Labor Law § 240’s broader safety provisions. Jacob Singer's defense, which contended that the law's specific safety device requirements were unmet, was dismissed. Additionally, Jacob Singer's opposition to Eisenberg Industrial's claim for common-law indemnification failed; the court determined that Eisenberg Industrial did not control the worksite or plaintiff's actions, a prerequisite for liability. The appellate court affirmed the Supreme Court's order, affirming summary judgment and awarding costs to the respondents, thus holding Jacob Singer liable under Labor Law and denying its indemnification challenge.
Legal Issues Addressed
Common-Law Indemnificationsubscribe to see similar legal issues
Application: Eisenberg Industrial's motion for summary judgment on common-law indemnification was upheld due to lack of control over the worksite or the plaintiff's work methods.
Reasoning: The court found no evidence that Eisenberg Industrial, through its principals, exercised control over the worksite or the plaintiff's work methods, which is necessary for asserting active liability.
Labor Law § 240 Liabilitysubscribe to see similar legal issues
Application: The court affirmed that Labor Law § 240 requires employers to provide safety devices beyond those explicitly listed, applying this standard to the collapsed roof being part of the construction site.
Reasoning: The court noted that Labor Law § 240 requires general safety provisions beyond those explicitly listed.