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Case No. 2016 NY Slip Op 06678 [143 AD3d 759]

Regular Panel Decision

Oct 12, 2016

Fajardo v. Mainco Elevator & Electrical Corp.

Manuel Fajardo sued Mainco Elevator & Electrical Corp., Bronx Center for Rehabilitation and Healthcare, LLC, and Underbruckner Realty Co., LLC for personal injuries sustained in an elevator accident. The Supreme Court denied summary judgment for all defendants and partially granted Mainco's cross-motion for spoliation of evidence. On appeal, the Appellate Division affirmed the denial of summary judgment for Mainco. However, it reversed and granted summary judgment dismissing the complaint against Bronx Center, determining it was Fajardo's special employer and thus immune under Workers' Compensation Law. The court also reversed and granted summary judgment dismissing the complaint against Underbruckner, finding it was an out-of-possession landlord with no duty to maintain the premises.

personal injuryelevator accidentspoliation of evidencesummary judgmentcontractual indemnificationbreach of contractworkers' compensationspecial employer doctrineout-of-possession landlordstatutory duty

References

Case No. MISSING

Regular Panel Decision

Fajardo v. Clark

Plaintiff, an employee of Bill Court Roofing, sustained injuries when a scaffold collapsed during the construction of a guest house roof. The plaintiff initiated a lawsuit asserting violations of Labor Law §§ 200, 240 (1), and 241 (6), as well as common-law negligence against the property owner Stephen Clark, contractor Robert Palermo, and roofing contractors Bruce Palladino and Palladino Roofing, Inc. Palladino and Palladino Roofing moved for summary judgment, arguing that a joint venture with Bill Court Roofing barred the action under Workers' Compensation Law exclusivity provisions, but this motion was denied due to insufficient evidence. The plaintiff's cross-motion for summary judgment on Labor Law claims against Palermo, Palladino, and Palladino Roofing was also denied, as the plaintiff failed to establish they were the general contractors. The appellate court affirmed the denials of both summary judgment motions but found that the Supreme Court improperly awarded summary judgment to Palladino and Palladino Roofing on certain Labor Law claims.

Scaffold collapseLabor Law violationsSummary judgmentWorkers' Compensation Law exclusivityJoint ventureGeneral contractor liabilityAppellate reviewConstruction accidentWorkplace safetyNegligence

References

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Fajardo v. Mainco Elevator & Electrical Corp.

Fajardo v. Clark

Scaffold collapseLabor Law violationsSummary judgmentWorkers' Compensation Law exclusivityJoint ventureGeneral contractor liabilityAppellate reviewConstruction accidentWorkplace safetyNegligence