Landgraff v. 1579 Bronx River Avenue, LLC
This personal injury action arises from allegations that plaintiff Anthony Landgraff sustained injuries during employment with J.H. Loewy, Inc., a plumbing subcontractor, while removing a sprinkler system at premises owned by 1575 Bronx River Avenue, LLC and renovated by LSK Smoked Turkey Products, Inc. The injured plaintiff fell from a scaffold due to insufficient safety devices. The appellate court reversed the lower court's decision, granting the plaintiffs' motion for partial summary judgment as to liability under Labor Law § 240 (1). The court also granted 1575 Bronx River Avenue, LLC's cross-motion for contractual indemnification against J.H. Loewy, Inc. and LSK Smoked Turkey Products, Inc., and LSK Smoked Turkey Products, Inc.'s cross-motion for contractual indemnification against J.H. Loewy, Inc. Additionally, 1575 Bronx River Avenue, LLC was found entitled to common-law indemnification from LSK Smoked Turkey Products, Inc. However, the court declined to grant summary judgment for 1575 Bronx River Avenue, LLC against J.H. Loewy, Inc. on common-law indemnification and against LSK Smoked Turkey Products, Inc. on contractual indemnification due to an inadequate record. The matter was remanded for further proceedings.