ADDITIONAL CASES Tishman Construction Corporation, Third-Party Plaintiff v. United States Roofing Corporation, Third-Party Defendant Tishman Construction Corporation, Second Third-Party Plaintiff v. ADCO Electrical Corp., Second Third-Party Defendant In this action arising out of a construction site accident, defendant W5 Group LLC moves, pursuant to CPLR 3212, for summary judgment dismissing the complaint and all cross claims and third-party claims against it (motion sequence 005). Third-party defendant United States Roofing Corporation (US Roofing) moves, pursuant to CPLR 3212, for summary judgment dismissing the third-party complaint (motion sequence 006). Defendant/third-party plaintiff/second third-party plaintiff Tishman Construction Corporation of New York moves, pursuant to CPLR 3212, for summary judgment dismissing the complaint and all cross claims against it; and Tishman also moves for summary judgment on its claims for contractual indemnification against US Roofing, defendant Atlantic Hoisting & Scaffolding, LLC, and second third-party defendant ADCO Electrical Corp. (motion sequence 007). ADCO moves, pursuant to CPLR 3212, for summary judgment dismissing the second third-party complaint and all cross claims against it (motion sequence 008). And Atlantic moves, pursuant to CPLR 3212, for summary judgment dismissing the complaint and all cross claims against it with prejudice (motion sequence 009). Motion sequences 005, 006, 007, 008, and 009 are consolidated here for disposition. BACKGROUND Plaintiff was allegedly injured on December 6, 2011 at the Jacob K. Javits Center located at 655 West 34th Street in Manhattan. Tishman was the construction manager on a renovation project at the Javits Center (NYSCEF Doc No. 189, Cettina tr at 11, 18). On November 23, 2009, Tishman hired US Roofing to perform roofing and waterproofing at the Javits Center (NYSCEF Doc No. 185). On November 9, 2009, Tishman retained Atlantic to provide hoists and scaffolds on the project (NYSCEF Doc No. 184). By agreement dated September 22, 2009, Tishman hired ADCO as the electrical contractor (NYSCEF Doc No. 186). W5 Group LLC was the demolition contractor (NYSCEF Doc No. 153, Costello tr at 14). On the date of the accident, US Roofing employed plaintiff as a roofer. Plaintiff testified at his deposition that he was employed by US Roofing at the time of his accident (NYSCEF Doc No. 187, plaintiff tr at 15). US Roofing was hired to put down a temporary roof (id. at 40). Plaintiff was working in one part of the building in an area referred to as “the cubes” (id. at 44). They were changing the windows on one part of the Javits Center (id.). On the date of the accident, plaintiff was waterproofing a cube to keep water from going inside the building (id. at 68). When he got to the area, he noticed that the area was wet (id. at 71). He called his foreman, who told him that there was a blower in the gang box upstairs (id. at 72, 73). Plaintiff went to go get the blower (id. at 74). Plaintiff had to take a staircase to get the blower, and “hit [his] head on the way up” (id. at 76). Plaintiff testified that there was a doorway opening or entrance that was six feet high and three feet wide that he had to walk through to reach the stairway (id. at 80, 81). He had to duck to pass through the opening because he had his hard hat on (id. at 81). Plaintiff is six feet, four inches tall (id. at 82). When plaintiff stood up, “something was there and made everything snap back” (id.). As a result, plaintiff fell forward, causing him to land on his knees under the staircase (id. at 84). Plaintiff testified that he had no trouble seeing at that point, and could see the stairs in front of him (id. at 83). But he also testified that “it was kind of dark out,” and “[t]here were no lights or anything in there” (id. at 87-88; NYSCEF Doc No. 188, plaintiff tr at 29). After he fell, plaintiff looked up, and saw “part of the scaffold or something there”; it looked like “a platform that you stand on” (NYSCEF Doc No. 187, plaintiff tr at 86, 87). He did not recall if there were any lights in the stairwell (id. at 88). Plaintiff then went up the stairs to get the blower (id.). Plaintiff told his foreman what happened and that his back hurt, and that the pain was going up into his shoulder and arm (id. at 89-90). He testified that only US Roofing workers gave him instructions on a daily basis (id. at 91). Plaintiff’s foreman drove him to the hospital at about 10:00 a.m. or 10:30 a.m. (id. at 93-94). Roger Cettina (Cettina), Tishman’s superintendent, testified that the project entailed replacing the building façade, skylights, and roof, and included upgrades and finish work (NYSCEF Doc No. 189, Cettina tr at 11-13). Tishman was the construction manager and hired the subcontractors on the project (id. at 18-19). Cettina walked the site every morning and checked on the progress of the work (id. at 31). Atlantic erected all the scaffolding for the project (id. at 39). Atlantic’s engineer, Plan B Engineering (Plan B), designed the drawings for all the support scaffolds, obtained the required permits, and signed off that the scaffold had been built according to the drawings (id. at 43-45). Cettina testified that, if US Roofing employees were using scaffolding, they were required to inspect it before using it (id. at 47, 50). He testified that “low headroom” signs were posted where there was low headroom (id. at 72). ADCO was responsible for providing the lighting (id. at 81). Cettina testified that there was temporary lighting installed below the decks in the scaffolding (id. at 89). Alan Tan (Tan), another Tishman superintendent, testified that there were string lights installed on the scaffold on the project (NYSCEF Doc No. 190, Tan tr at 12-14, 17). Tan did not recall having problems with clearance when he used the scaffold (id. at 20). He did not recall receiving any complaints about the scaffold (id. at 24). Tan did not remember whether lighting was installed in the scaffolding in December 2011 (id. at 14). Atlantic’s general foreman, Hugh Ennis (Ennis), testified that Atlantic installed the scaffolding system at the Javits Center (NYSCEF Doc No. 191, Ennis tr at 11-13). According to Ennis, Atlantic installed temporary scaffolding on the project in the area known as the Crystal Palace (id. at 19). Atlantic constructed a large sidewalk bridge platform, which was about 25 feet high that covered all of the Crystal Palace, and installed a scaffold above the platform (id. at 20). Ennis would suggest that low scaffolding be painted to make it more visible and that warning signs be placed in the area (id. at 28-30). The scaffold frame was typically six feet, six inches high and five feet wide (id. at 50). The headroom was about six feet, two inches high, which was a standard height on Atlantic scaffolds (id. at 50-51). Ennis did not recall receiving any complaints about the scaffold, and did not recall ever noting that the scaffolding was inadequately lit (id. at 40, 42). Ennis avers that the “scaffolding design and installation was a joint venture between Atlantic, Plan B, and Tishman” (NYSCEF Doc No. 233, Ennis aff, 8). The typical scaffold headroom allowed a person who was six feet, two inches tall to walk freely beneath it (id., 12). According to Ennis, there were no scaffold areas without this typical headroom (id.,
