3401. JUNIOR NUNEZ PLAINTIFFS, v. LMJ VISION, INC., DOING BUSINESS AS VISIONARY OPTICS AND/OR THE GELMAN’S OPTICAL, INC., DOING BUSINESS AS VISIONARY OPTICS def-res, INTER-NEXT NYC, INC., def-ap — LMJ VISION, INC., DOING BUSINESS AS VISIONARYOPTICS AND/OR THE GELMAN’S OPTICAL, INC., DOING BUSINESS AS VISIONARY OPTICS Third-Party plf-res, v. INTER-NEXT NYC, INC., Third-Party def-ap, GILBERT DISPLAYS, INC., Third Party def — Farber Brocks & Zane, L.L.P., Garden City (Tracy L. Frankel of counsel), for ap — Lewis Brisbois Bisgaard & Smith, LLP, New York (Thomas A. Noss of counsel), for res — Order, Supreme Court, New York County (Ellen M. Coin, J.), entered December 23, 2015, which, to the extent appealed from, granted defendants LMJ Vision, Inc. and the West 17th Street Company’s motion for summary judgment on their claims for common-law indemnification against defendant Inter-Next NYC, Inc., and denied Inter-Next’s cross motion for summary judgment dismissing the third-party complaint, unanimously modified, on the law, to deny LMJ Vision, Inc. and West 17th’s motion, and otherwise affirmed, without costs.
Plaintiff Junior Nunez asserts claims for negligence and violations of Labor Law §§200, 240 and 241(6), alleging that he fell through an unprotected stairwell opening in the floor, in the course of installing display shelving during a store renovation project. LMJ Vision, Inc. and West 17th, the owner and lessee of the premises, respectively (together, the LMJ defendants), were found liable for plaintiff’s injuries under Labor Law §240(1), and seek indemnification therefor from defendant Inter-Next NYC, Inc., one of two contractors hired by LMJ for the project. The other contractor, plaintiff’s employer, Gilbert Displays, was retained to install display shelving and lighting.
