Perez v. Spring Creek Associates, L.P.
This case involves an appeal by Accura Contracting Corporation from an order of the Supreme Court, Kings County. The initial action stemmed from a personal injury sustained by an unnamed plaintiff, an employee of Accura, who fell while performing exterior scraping work and alleged violations of Labor Law sections 200, 240, and 241. The Supreme Court granted the plaintiff's motion for partial summary judgment on liability under Labor Law § 240 (1) against the defendants, collectively known as Spring Creek, and subsequently granted Spring Creek's motion for common-law indemnification against Accura. On appeal, the court affirmed the lower court's decision, finding that the plaintiff was not provided with adequate safety equipment for elevated work, a direct cause of the injuries, thus entitling the plaintiff to summary judgment under Labor Law § 240 (1). The appellate court further concluded that Spring Creek, being vicariously liable, was rightfully granted full indemnification from Accura, the party determined to be wholly at fault.