Jarzabek v. Schafer Mews Housing Development Fund Corporation, et al.
In this New York County action, plaintiff commenced suit against defendants for personal injuries allegedly sustained after he fell from a make-shift ladder, while performing electrical work at a construction site, located in Bronx, New York. A third-party action was commenced against our client by the general contractor for common-law and contractual indemnification, contribution, and failure to procure insurance, based on the contract to perform masonry work at the site. Plaintiff claimed a fractured ankle, necessitating open reduction, internal fixation surgery, and Complex Regional Pain Syndrome, requiring multiple nerve block procedures.
The Court granted our motion for summary judgment and dismissing all claims, cross-claims and third-party claims against our client.  The Court noted that there was no evidence in the record that our client owned, constructed, placed or maintained the subject ladder, or alleged window protection. The Court cited to our evidence that, on the date of accident, only the first floor of the premises was constructed, and window protection had not been installed, as it was not yet necessary. The Court further found that there was no evidence that plaintiff’s injuries arose out of the client’s work, noting that the client’s work in the vicinity of the accident, with no supervision or control over plaintiff’s work, was insufficient to trigger the indemnification clause under the subcontract. As such, defendants were not entitled to summary judgment for contractual indemnification against the client and the client was entitled to a dismissal of all claims against them.
Of note, the remainder of the Order granted summary judgment to plaintiff on his 240(1) claim against the general contractor, denied summary judgment to plaintiff on his 241(6) claim, and granted the general contractor summary judgment on their indemnification claims against plaintiff's employer.