PAUL BRITEZ, plf-res, v. MADISON PARK OWNER, LLC defres, NATIONAL INTERIORS CONTRACTING, INC., def-ap, CITYWIDE INTERIORS CONTRACTORS, INC., def

10086. PAUL BRITEZ, plf-res, v. MADISON PARK OWNER, LLC defres, NATIONAL INTERIORS CONTRACTING, INC., def-ap, CITYWIDE INTERIORS CONTRACTORS, INC., def — [AND THIRD-PARTY ACTIONS] Milber Makris Plousadis & Seiden, LLP, White Plains (David C. Zegarelli of counsel), for ap — Pollack, Pollack, Isaac & DeCicco, New York (Michael H. Zhu of counsel), for Paul Britez, res — McGaw, Alventosa & Zajac, Jericho (Andrew Zajac of counsel), for Madison Park Owner, LLC, G Builders IV, LLC and Walter & Samuels, Inc., res — Order, Supreme Court, New York County (Shlomo S. Hagler, J.), entered September 10, 2012, which, insofar as appealed from as limited by the briefs, denied defendant National Interiors Contracting, Inc.'s (National) motion for summary judgment dismissing the Labor Law §§240(1) and 241(6) claims as against it, and granted defendants Madison Park Owner, LLC, G Builders IV, LLC, and Walter & Samuels, Inc.'s cross motion for summary judgment on their contractual indemnification claim against National, unanimously affirmed, without costs.

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10086. PAUL BRITEZ, plf-res, v. MADISON PARK OWNER, LLC defres, NATIONAL INTERIORS CONTRACTING, INC., def-ap, CITYWIDE INTERIORS CONTRACTORS, INC., def — [AND THIRD-PARTY ACTIONS] Milber Makris Plousadis & Seiden, LLP, White Plains (David C. Zegarelli of counsel), for ap — Pollack, Pollack, Isaac & DeCicco, New York (Michael H. Zhu of counsel), for Paul Britez, res — McGaw, Alventosa & Zajac, Jericho (Andrew Zajac of counsel), for Madison Park Owner, LLC, G Builders IV, LLC and Walter & Samuels, Inc., res — Order, Supreme Court, New York County (Shlomo S. Hagler, J.), entered September 10, 2012, which, insofar as appealed from as limited by the briefs, denied defendant National Interiors Contracting, Inc.’s (National) motion for summary judgment dismissing the Labor Law §§240(1) and 241(6) claims as against it, and granted defendants Madison Park Owner, LLC, G Builders IV, LLC, and Walter & Samuels, Inc.’s cross motion for summary judgment on their contractual indemnification claim against National, unanimously affirmed, without costs.

Plaintiff sustained injuries when he fell off a baker’s scaffolding while working in a building owned by Madison Park and managed by Walter & Samuels. Walter & Samuels, as Madison Park’s agent, retained G Builders as the construction manager on a project to convert certain floors of the office building to luxury condominium units. G Builders entered into a subcontract with National for the drywall and carpentry work. National subcontracted part of its work to Citywide Interiors Contractors, Inc., which in turn subcontracted the taping and spackling work to plaintiff’s employer, Pecci Construction LLC.

PAUL BRITEZ, plf-res, v. MADISON PARK OWNER, LLC defres, NATIONAL INTERIORS CONTRACTING, INC., def-ap, CITYWIDE INTERIORS CONTRACTORS, INC., def

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