3699. PATRICK O’LEARY, PH.D plf-res, v. S&A ELECTRICAL CONTRACTING CORP., ET AL., def-ap — S&A ELECTRICAL CONTRACTING CORP., Third-Party plf-ap, v. NYGARD INTERNATIONAL PARTNERSHIP, ET AL., Third-Party def-ap — 1435 BROADWAY, LLC, Second Third-Party plf-ap, v. NYGARD INTERNATIONAL PARTNERSHIP Second Third-Party def-ap — Carman Callahan & Ingham, LLP, Farmingdale (Peter F. Breheny of counsel), for S & A Electrical Contracting Corp., ap — Martin Clearwater & Bell LLP, New York (Barbara D. Goldberg of counsel), for 1435 Broadway, LLC, ap — Marshall Dennehey Warner Coleman & Goggin, P.C., New York (Thomas G. Vaughan of counsel), for Nygard International Partnership and Nygard NY Retail, LLC, ap — Trief & Olk, New York (Barbara E. Olk of counsel), for res — Order, Supreme Court, New York County (Manuel J. Mendez, J.), entered January 14, 2016, which, to the extent appealed from as limited by the briefs, granted plaintiffs’ motion for partial summary judgment on the issue of liability on the Labor Law §241(6) claim; denied defendant/second third-party plaintiff 1435 Broadway, LLC’s (Owner) motion insofar as it sought summary judgment dismissing the Labor Law §241(6) claim, and summary judgment on its contractual indemnification claims against third-party defendants and second third-party defendants (Nygard); denied Nygard’s motion for summary judgment dismissing the amended complaint, the third-party complaint and the second third-party complaint; and denied as untimely defendant/third-party plaintiff S&A Electrical Contracting Corp.’s (S&A) motion for summary judgment; unanimously modified, on the law, to grant Owner’s motion for summary judgment on its contractual indemnification claim against third-party defendant/second-third party defendant Nygard International Partnership, and to grant Nygard’s motion to the extent of dismissing all claims against third-party defendant/second-third party defendant Nygard NY Retail, LLC, and otherwise affirmed, without costs.
Plaintiff Patrick O’Leary sustained injuries when he was shocked by temporary electrical wiring laid on the floor of Owner’s building while overseeing renovation work performed by his employer, Nygard International Partnership (Nygard International). Nygard International, a Canadian apparel manufacturing company, had leased the building from Owner to serve as its New York headquarters. Nygard International’s principal had directed plaintiff, a Canadian citizen who resided in Manitoba, to oversee the construction work.
