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Leon v. E. Harlem Council for Human Serv., Inc.

Property Owner and Prime Contractor Vicariously Liable For Foreseeable Worksite Hazard

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The following papers numbered 1 to 13 read herein: Papers NumberedNotice of Motion/Order to Show Cause/Petition/Cross Motion and Affidavits (Affirmations) Annexed              1-2, 3-4, 5-6Opposing Affidavits (Affirmations)     7, 8, 9, 10Reply Affidavits (Affirmations)            11, 12, 13

*1  Upon the foregoing papers, plaintiffs, Luis Leon (Leon) and John Telmo Rodriguez Curipoma (Curipoma) (collectively, plaintiffs), each move (Motions Sequence #9, #11, respectively) for an order, pursuant to CPLR §3212, granting them partial summary judgment against defendants/third-party plaintiffs East Harlem Council For Human Services, Inc. d/b/a Boriken Neighborhood Health Center (East Harlem) and Westerman Construction Company, Inc. (Westerman) on the issue of liability pursuant to Labor Law §240 (1). East Harlem and Westerman also move (Motion Sequence #10) for an order, pursuant to CPLR 3212, granting them: (1) summary judgment dismissing plaintiffs’ Labor Law §200 and common-law negligence claims; (2) partial summary judgment against third-party defendant Elite Demolition Contracting Corp. (Elite) for indemnity and contribution; and (3) summary judgment dismissing Elite’s counterclaims for indemnity and contribution. BackgroundAt all relevant times, East Harlem owned and operated the improved premises known as the Boriken Neighborhood Health Center, located at 2265 Third Avenue in Manhattan (the “Premises”). On or about January 25, 2012, East Harlem hired Westerman as the general contractor for a construction project, namely, the gut renovation of the subject building. Westerman later hired Elite to perform demolition services. Elite employed plaintiffs as laborers.

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