Chrisman v. Syracuse Soma Project, LLC
Michael Chrisman, an employee of EJ Construction Group, Inc., sustained injuries after slipping on snowy metal decking at a construction site. He sued Syracuse SOMA Project, LLC (owner) and Burke Contracting, LLC (general contractor) under Labor Law. Burke initiated a third-party action against Whitacre Engineering Co. (subcontractor for steel mesh) and EJ Construction Group, Inc. (subcontractor employing Chrisman) for indemnification. The Supreme Court granted third-party defendants' motion for summary judgment and plaintiff's cross motion for partial summary judgment on Labor Law § 241 (6) liability. The Appellate Division, Fourth Department, modified the order, ruling that the violation of 12 NYCRR 23-1.7 (d) does not conclusively establish liability but is merely evidence of negligence, thus raising factual issues. The court also found no contractual indemnification between Burke and Whitacre due to the lack of a formal contract but erred in dismissing the contractual indemnification claim against EJ Construction Group, Inc. The order was modified by reinstating the fifth cause of action against EJ and denying plaintiff's cross motion entirely, and as modified, affirmed.