Laurie v. Niagara Candy, Inc.
Plaintiff Lewis P. Laurie, an employee of third-party defendant Friendship Construction, Inc., sustained injuries after falling from a ladder during construction on a building owned by defendant Niagara Candy, Inc. The court granted the plaintiff's motion for partial summary judgment regarding Labor Law § 240 (1) liability, finding no merit to the argument that Laurie was a recalcitrant worker, as there was no proof he was instructed to use his safety belt under the circumstances. Additionally, Niagara Candy's cross motion for summary judgment against Rigger Construction Co., Inc., for common-law and contractual indemnification was granted. Rigger Construction Co., Inc.'s cross motion for summary judgment against Friendship Construction, Inc., for common-law indemnification was also granted, based on the lack of evidence that either Niagara Candy or Rigger supervised or controlled the work.