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ZACAULA v. PL APARTMENT CORP.

Plaintiff was injured when he fell sixty feet from a parapet on the roof of a building undergoing alterations. Plaintiff was employed by Masonry Maintenance, Inc., a subcontractor who had been retained by defendant Robert D. Anderson, Co., Inc. (hereafter "RDA"), the general contractor. Defendant P.....

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Plaintiff was injured when he fell sixty feet from a parapet on the roof of a building undergoing alterations. Plaintiff was employed by Masonry Maintenance, Inc., a subcontractor who had been retained by defendant Robert D. Anderson, Co., Inc. (hereafter “RDA”), the general contractor. Defendant PL Apartment Corp. (hereafter “PLA”), is the owner of the premises and defendant Stillman Management is the managing agent for the building.

Plaintiff has sued for damages for his injuries. The amended complaint sets forth three causes of action: (1) negligence, (2) violation of sections 200 and 240 of the Labor Law and (3) violation of section 241(6) of the Labor Law. Defendant RDA in its amended answer asserts various affirmative defenses including the exclusivity of the Workers’ Compensation Law. Defendants PLA and Stillman in their answer assert various affirmative defenses and two cross-claims against RDA in contractual and common law indemnity.

 
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