Crutch v. 421 Kent Dev., LLC
The case involves plaintiff Robert Crutch, an HVAC mechanic, who sustained personal injuries after falling from a loading dock due to a faulty railing at a construction site. Crutch commenced an action against 421 Kent Development, LLC and Wonder Works Construction Corp., alleging a violation of Labor Law § 240 (1). Initially, the Supreme Court, Kings County, denied Crutch's motion for summary judgment on liability and dismissed the Labor Law § 240 (1) claim. The Appellate Division, Second Department, reversed the Supreme Court's decision, granting Crutch's motion for summary judgment on the issue of liability under Labor Law § 240 (1). Additionally, the Appellate Division affirmed the Supreme Court's denial of Everest Scaffolding, Inc.'s cross-motion concerning common-law and contractual indemnification claims, finding Everest failed to prove freedom from negligence.