Leon-Rodriguez v. Roman Catholic Church of Sts. Cyril & Methodius
In this personal injury action, Rafael Leon-Rodriguez was injured while demolishing a ceiling with an unrailed scaffold, leading to a fall when concrete dislodged. He sued Roman Catholic Church of Saints Cyril and Methodius, Hundred Crowns, LLC, and Deluxe Home Builders Corp. alleging violations of Labor Law §§ 200, 240 (1), 241 (6), and common-law negligence. The defendants initiated a third-party action against Mybem Corp., the plaintiff's employer, for indemnification and breach of contract. The Appellate Division, Second Department, modified the Supreme Court's order, granting the plaintiff summary judgment on Labor Law § 240 (1) and 12 NYCRR 23-5.3 (e), affirming the finding that the lack of safety railings was a proximate cause of his injuries. Concurrently, the court granted the defendants' cross-motion to dismiss the Labor Law § 200 and common-law negligence claims, concluding they lacked supervision over the work and did not create or have notice of any latent dangerous condition. All other motions, including contractual indemnification against Mybem, were denied.