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SCHOENDORF v. SIGNS OF SUCCESS, LTD

Injured worker’s Labor Law claims dismissed against homeowner and his contractor father.

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These actions arise out of a construction site accident that occurred on March 25, 1999 at premises owned by defendants STEVEN and PERI COHEN. Plaintiff was an employee of Elite Builders, Inc. (“Elite”), a framing subcontractor hired to renovate an existing single family house on the premises. On the day of the accident, plaintiff and a co-worker Robert Salisbury (“Salisbury”) were constructing a second-story overhang on the left side of the house. Plaintiff was kneeling on a platform, which was set across floor beams attached to the side of the house. As he attempted to pry loose an outer box beam, the platform structure collapsed, and plaintiff fell approximately twelve to fifteen feet to the ground, allegedly sustaining serious injury.

In September 1999, plaintiff commenced Action 1 against STEVEN and PERI COHEN and SIGNS OF SUCCESS, LTD. (“SIGNS OF SUCCESS”), a business sign company of which STEVEN COHEN is the president. The complaint alleged common law negligence and causes of action under Labor Law §§200, 240(1) and 241(6), against the COHENS, as owners of the premises, and SIGNS OF SUCCESS, either as an agent of the owner or as the general contractor on the project. The COHEN’s then brought a third party action against Elite. Between July 2001 and January 2002, the COHEN’s and SIGNS of SUCCESS moved for summary judgment dismissing the complaint, and Elite cross-moved for summary judgment dismissing the third-party complaint.

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