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Velez-Tejada v. 4525-4555 Apartments Corp.

Indemnification Claim Dismissed Where No Written Agreement at Time of Accident

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The following papers numbered 1 to 7 read on the below motion noticed on July 5, 2017 and duly submitted on the Part 1A15 Motion calendar of September 8, 2017:Papers Submitted               NumberedDynamic’s Affirmation in Support of Motion, with Exhibits 1,2Apartments’ Aff. In Opp., Exhibits      3,4Spring’s Aff. In Opp., Exhibits            5,6Dynamic’s Reply aff.           7DECISION/ORDER

*1  Upon the foregoing papers, third-party and second third-party defendant Dynamic Hoisting Scaffolding, Inc. (“Dynamic”) moves for summary judgment, dismissing the third-party and second third-party complaints, pursuant to CPLR 3212. Defendant/Third Party Plaintiff Spring Scaffolding, LLC. (“Spring”) and Defendant/Second Third Party Plaintiff 4525-4555 Apartments Corp. (“Apartments”) oppose the motion. This matter arises out of an alleged accident that occurred on May 10, 2013, on the site of an ongoing construction project located at 4555 Henry Hudson Parkway in the Bronx, New York. The site’s owner, Apartments, hired Skyline Restorations, Inc. as the general contractor for the project. Skyline hired Spring to, among other things, deliver and install scaffolding in furtherance of the project. Spring then subcontracted with the plaintiff Luis Velez-Tejada (“Plaintiff”)’s employer Dynamic to deliver the scaffolding materials to the work site. This accident allegedly occurred when Plaintiff was attempting to unload a bundle of metal scaffold frames from the back of a flatbed truck that was parked on an incline. According to Plaintiff, when he removed two of the metal straps securing the materials, the remaining straps burst due to the pressure and the frames fell from the bundle and knocked Plaintiff over, causing him to strike his head.

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