By Rivera, J.P.; Miller, Genovesi, Ford, JJ.
CARLOS O. TORRES, plf-res-app, v. ACCUMANAGE, LLC, def third-party plf-app, ET AL., def; NJM CONSTRUCTION, INC., third-party def-res — (Index No. 602097/12) Mulholland, Minion, Duffy, Davey, McNiff & Beyrer, Williston Park, NY (Patrick A. Delgado and Eric Bailey of counsel), for defendant third-party plaintiff-appellant. Dell & Dean, PLLC (Mischel & Horn, P.C., New York, NY [Scott T. Horn and Lauren E. Bryant], of counsel), for plaintiff-respondent-appellant. Benzulli Law Firm, LLP, White Plains, NY (John V. Tait of counsel), for third-party defendant-respondent. In an action to recover damages for personal injuries, the defendant third-party plaintiff appeals, and the plaintiff cross-appeals, from an order of the Supreme Court, Nassau County (Denise L. Sher, J.), dated December 21, 2017. The order, insofar as appealed from, denied those branches of the defendant third-party plaintiff’s motion which were for summary judgment dismissing the causes of action alleging violations of Labor Law §§200 and 241(6) insofar as asserted against it, and granted that branch of the third-party defendant’s motion which was for summary judgment dismissing the third-party cause of action for contractual indemnification. The order, insofar as cross-appealed from, denied that branch of the plaintiff’s motion which was for summary judgment on the issue of liability on the cause of action alleging a violation of Labor Law §240(1) insofar as asserted against the defendant third-party plaintiff. ORDERED that the order is modified, on the law, (1) by deleting the provision thereof granting that branch of the third-party defendant’s motion which was for summary judgment dismissing the third-party cause of action for contractual indemnification, and substituting therefor a provision denying that branch of the motion, and (2) by deleting the provision thereof denying that branch of the defendant third-party plaintiff’s motion which was for summary judgment dismissing the cause of action alleging a violation of Labor Law §241(6) insofar as asserted against it, and substituting therefor a provision granting that branch of the motion; as so modified, the order is affirmed insofar as appealed and cross-appealed from, with one bill of costs to the defendant third-party plaintiff, payable by the third-party defendant and the plaintiff. The defendant third-party plaintiff, Accumanage, LLC (hereinafter Accumanage), was the construction manager on the construction of a house on premises owned by the defendant Kerriann Brewer. The plaintiff was employed by NJM Construction, Inc. (hereinafter NJM), a framing subcontractor. At the time of the accident, the plaintiff was working on the exterior of a detached garage on the premises. According to the plaintiff, he was walking along a scaffold surrounding the garage when the platform upon which he was standing suddenly collapsed. However, the president of NJM and a member of Accumanage were informed that the plaintiff was on a ladder at the time of the accident. The plaintiff commenced this action against Accumanage and Brewer. Accumanage commenced a third-party action against NJM, inter alia, for contractual indemnification. NJM moved, among other things, for summary judgment dismissing the third-party cause of action for contractual indemnification. Accumanage moved, inter alia, for summary judgment dismissing the causes of action alleging violations of Labor Law §§200 and 241(6) insofar as asserted against it. The plaintiff moved, among other things, for summary judgment on the issue of liability on the cause of action alleging a violation of Labor Law §240(1) insofar as asserted against Accumanage. The Supreme Court, inter alia, granted that branch of NJM’s motion, denied those branches of Accumanage’s motion, and denied that branch of the plaintiff’s motion. Accumanage appeals, and the plaintiff cross-appeals.
