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Coolbaugh v. Shulman Industries Inc.

Labor Law Claim Dismissed Where Accident Did Not Result from Ordinary Force of Gravity

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DECISION AND ORDER

*1 In a Labor Law action, defendants Roger V. Healy (Healy) and J.F. O’Healy Construction Corp. (O’Healy Construction) move, pursuant to CPLR 3212, for summary judgment dismissing all claims and cross claims against Healy (motion seq. No. 005). Third-party defendant Shared Systems Technology, Inc. (Shared Systems) moves for summary judgment dismissing all claims for common-law indemnification and contribution as against it (motion seq. No. 006). Defendant/third-party plaintiff Shulman Industries (Shulman) moves for summary judgment dismissing the complaint, as well as for summary judgment on its claim for contractual indemnification against Shared Systems; defendant Desmond, Inc. cross-moves on Shulman’s motion for summary judgment dismissing the complaint (motion seq. No. 007). Defendant North Shore University Hospital (North Shore) moves for summary judgment dismissing the complaint; in the alternative, North Shore moves for summary judgment on its contractual indemnification claim against Desman (motion seq. No. 008).BACKGROUNDOn the date of his accident, September 8, 2012, plaintiff Theodore Coolbaugh (Coolbaugh) was working for Shared Systems, a subcontractor on a project to renovate the parking garage at North Shore Hospital in Manhasset, New York. The garage, an above-ground, post-tensioned concrete structure1 with four levels, was originally built in the early 1980s. J.F. O’Healy Construction Corp. (O’Healy Construction), an entity that dissolved seven years before the subject renovations, was the general contractor on the original construction of the building.

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