By Iannacci, J.P.; Chambers, Voutsinas, Ventura, JJ.
MIGUEL MORAN, plf-res, v. TRUSTEES OF COLUMBIA UNIVERSITY IN THE CITY OF NEW YORK, def third-party plf-res-app, LEMARK CONSTRUCTION, INC., def third-party def-app-res; BLUE WATER CONSTRUCTION & RESTORATION, CORP., third-party def-res — (Index No. 512190/16) Mulholland Minion Davey McNiff & Beyrer, Williston Park, NY (John L. Marsigliano of counsel), for defendant third-party defendant-appellant-respondent. Cullen and Dykman LLP, New York, NY (Michael J. Winter and Olivia M. Gross of counsel), for defendant third-party plaintiff-respondent-appellant. Glenn M. Race (Michael H. Zhu, Esq. P.C., New York, NY, of counsel), for plaintiff-respondent. In an action to recover damages for personal injuries, the defendant third-party defendant appeals, and the defendant third-party plaintiff cross-appeals, from (1) an order of the Supreme Court, Kings County (Richard Velasquez, J.), dated November 13, 2019, and (2) an order of the same court dated May 28, 2020. The order dated November 13, 2019, insofar as appealed from, granted that branch of the plaintiff’s motion which was for summary judgment on the issue of liability on the causes of action alleging violations of Labor Law §§240(1) and 241(6) insofar as asserted against the defendant third-party defendant and denied the cross-motion of the defendant third-party defendant for summary judgment dismissing the amended complaint, the third-party complaint, and all cross-claims insofar as asserted against it. The order dated November 13, 2019, insofar as cross-appealed from, denied that branch of the cross-motion of the defendant third-party plaintiff which was for summary judgment on the third-party cause of action for contractual indemnification against the defendant third-party defendant. The order dated May 28, 2020, insofar as appealed from, upon reargument, adhered to the determination in the order dated November 13, 2019, granting that branch of the plaintiff’s motion which was for summary judgment on the issue of liability on the causes of action alleging violations of Labor Law §§240(1) and 241(6) insofar as asserted against the defendant third-party defendant and denying the cross-motion of the defendant third-party defendant for summary judgment dismissing the amended complaint, the third-party complaint, and all cross-claims insofar as asserted against it. The order dated May 28, 2020, insofar as cross-appealed from, upon reargument, adhered to the determination in the order dated November 13, 2019, denying that branch of the cross-motion of the defendant third-party plaintiff which was for summary judgment on the third-party cause of action for contractual indemnification against the defendant third-party defendant. ORDERED that the appeal and the cross-appeal from the order dated November 13, 2019, are dismissed, without costs or disbursements, as that order was superseded by the order dated May 28, 2020, made upon reargument; and it is further, ORDERED that the order dated May 28, 2020, is modified, on the law, by deleting the provision thereof, upon reargument, adhering to the determination in the order dated November 13, 2019, granting that branch of the plaintiff’s motion which was for summary judgment on the issue of liability on the causes of action alleging violations of Labor Law §§240(1) and 241(6) insofar as asserted against the defendant third-party defendant, and substituting therefor a provision, upon reargument, vacating that determination in the order dated November 13, 2019, and thereupon, denying that branch of the motion; as so modified, the order dated May 28, 2020, is affirmed insofar as appealed and cross-appealed from, without costs or disbursements. The plaintiff allegedly was injured when he fell off a ladder while working for his employer, the third-party defendant, Blue Water Construction & Restoration, Corp. (hereinafter Blue Water). Blue Water was the general contractor on a project to renovate a building owned by the defendant third-party plaintiff, Trustees of Columbia University in the City of New York (hereinafter Columbia). Blue Water subcontracted with the defendant third-party defendant, Lemark Construction, Inc. (hereinafter Lemark), to perform work on the project. The plaintiff commenced this personal injury action against Columbia and Lemark, alleging violations of Labor Law §§200, 240(1), and 241(6), and common-law negligence. Columbia commenced a third-party action against Blue Water and Lemark, seeking, inter alia, contractual and common-law indemnification against each of them. Blue Water asserted cross-claims for contribution and common-law indemnification against Lemark in the third-party action. After the completion of discovery, the plaintiff moved, inter alia, for summary judgment on the issue of liability on the causes of action alleging violations of Labor Law §§240(1) and 241(6) insofar as asserted against Lemark. Columbia cross-moved, among other things, for summary judgment on the third-party cause of action for contractual indemnification against Lemark. Lemark cross-moved for summary judgment dismissing the amended complaint, the third-party complaint, and all cross-claims insofar as asserted against it. In an order dated November 13, 2019, the Supreme Court, inter alia, granted that branch of the plaintiff’s motion which was for summary judgment on the issue of liability on the causes of action alleging violations of Labor Law §§240(1) and 241(6) insofar as asserted against Lemark, denied that branch of Columbia’s cross-motion which was for summary judgment on the third-party cause of action for contractual indemnification against Lemark, and denied Lemark’s cross-motion. Subsequently, Columbia and Lemark separately moved for leave to reargue, and in an order dated May 28, 2020, the court, among other things, upon reargument, adhered to the prior determinations. Lemark appeals, and Columbia cross-appeals.
