Plaintiff, a union sheet metal worker, alleged that he slipped and fell on work debris in an interior staircase at an active construction project. Plaintiff’s claims were premised under a theory of negligence and violations of sections 200 and 241(6) of New York’s Labor Law as well as violations of Industrial Code 12 NYCRR 23-1.7(e)(1) and 12 NYCRR 1.7(e)(2). Co-defendants sought common law and contractual defense and indemnification and alleged that our insured, an electrical subcontractor, created and failed to properly clear the claimed condition.
In FP’s moving papers, the court took note of Mr. Glass’s use of the general contractor’s work records and testimony in establishing that there was no credible showing that our insured created or had notice, actual or constructive, of the claimed defect. Moreover, the court adopted our argument concerning a lack of supervision or control of the plaintiff and/or the means and methods of his work in dismissing the statutory claims.
Based on the same analysis, the cross claims seeking common law and contractual indemnification were also dismissed. The court agreed with FP’s arguments concerning the general contractor’s contractual duties and obligations in dismissing the case against our insured.
If you’d like to learn more about this result, or other ways Fleischner Potash can help your claims team, please contact Stuart Glass at sglass@fp.law or 646-520-4200.
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