*1 Plaintiff appeals from an order of the Supreme Court, New York County (Ellen M. Coin, J.), entered August 9, 2016, which, insofar as appealed from as limited by the briefs, dismissed his Labor Law §241(6) claims against defendants, and denied, as moot, defendant 1407 Broadway Real Estate LLC’s cross motion for summary judgment on its contractual indemnification claim against defendant the Cayre Group, Ltd.*2
Plaintiff, a former employee of third-party defendant XCEL Interior Contracting, Inc. (XCEL), injured his left thumb on an unguarded table saw when he was cutting a piece of plywood to be used in the renovation of defendant the Cayre Group, Ltd.’s (Cayre) executive bathroom on the 41st floor of the building located at 1407 Broadway in Manhattan. Cayre leased its showroom space on the 41st and 42nd floors of the office building from defendant 1407 Broadway Real Estate, LLC (1407 Broadway), which held the net operating lease on the whole building. Cayre entered into a lease extension with 1407 Broadway in March 2011, which included a provision that 1407 Broadway would reimburse Cayre for tenant improvements in the space, and also included a schedule of approved contractors that were permitted to work in the building, which list included XCEL. Cayre hired XCEL to do the renovations to its space pursuant to an oral agreement. The lease extension also provided that “[a]ll work done by the contractor [XCEL] must be coordinated with the Building Manager,” and that the contractor “must comply with all reasonable direction given by the Building Manager with respect to the scheduling and performance of the work.”The unguarded table saw was located on the 16th floor of the same office building, in a space where employees of XCEL kept their tools and materials for renovation projects they were performing in the building. XCEL used only a portion of the 16th floor to store its materials and tools, including the table saw, but it did not have any personnel, or office furniture in the space. According to the record, XCEL did not have a lease with either Cayre or 1407 Broadway for the space, and it did not pay rent to anyone for the space1. XCEL’s permanent office and workshop were located in Long Island City, Queens. XCEL employees only utilized the 16th floor space when working on renovation projects in that building, where XCEL was an approved contractor. Thus it was not, as Cayre argues throughout its brief, “merely fortuitous” that both XCEL and Cayre were located in the same building on the date of plaintiff’s accident.The motion court granted Cayre’s motion for summary judgment, finding that the 16th floor
