Stevenson v. Alfredo
The plaintiff appealed an order denying partial summary judgment on liability under Labor Law §§ 240(1) and 241-a against defendants Thomas Alfredo, Alfredo Landscape and Development Corporation, American Application Associates of Mt. Kisco, and Scott Terpening. Defendants Alfredo Landscape and Scott Terpening also cross-appealed portions of the order. The court modified the order, granting the plaintiff's motion for partial summary judgment against Alfredo Landscape and American Application Associates. It also granted summary judgment dismissing Labor Law claims under §§ 240(1) and 241-a against Thomas Alfredo and Scott Terpening, citing the homeowner exemption for Thomas Alfredo. The court affirmed the denial of conditional summary judgment for Alfredo Landscape regarding common-law indemnification due to an issue of fact on its negligence, and upheld the denial of Scott Terpening's cross-motion for summary judgment on common-law negligence and Labor Law § 200, finding a triable issue of fact concerning his work.