Court Grants Defendants Summary Judgment Dismissing Plaintiff’s Common Law Negligence and Labor Law §§200 and 240(1) Claims and Granting Contractual Indemnification Against Construction Manager and Subcontractor

In a decision dated September 28, 2012, Justice Joan M. Kenney granted defendants, the City of New York (“City”) and Brooklyn Navy Yard Development Corporation (“BNYDC”), summary judgment dismissing the plaintiff’s common law negligence and Labor Law §§200 and 240(1) claims.  The Court also granted the City and BNYDC summary judgment on their contractual indemnification claims against construction manager TDX and subcontractor Glassolutions.  The City and BNYDC contracted with TDX for construction management services at the Brooklyn Navy Yard. TDX contracted with Calcedo for general construction services, who in turn subcontracted with Glassolutions for window installation.  The plaintiff, an employee of Glassolutions, claims that he was injured when a crate of windows allegedly fell and hit him.  The incident occurred after a telehandler machine lifted the crate from the ground outside up and through a window opening in the building.  The crate was sitting on the forks of the lift when it toppled over as the plaintiff and others were unloading it.  The Court dismissed the plaintiff’s common law negligence and Labor Law §200 causes of action, finding that the City and BNYDC did not supervise, direct or control his work.  The Court dismissed the plaintiff’s Labor Law §240(1) cause of action finding that the falling of the crate was not an elevation-related hazard, but rather, a usual and ordinary danger of a construction site.  With respect to the claim for contractual indemnification, the Court found that the indemnity obligations of TDX and Glassolutions had been triggered.

Dreher v. The City of New York et al., Index No.: 112104/08 (New York Co. Sup. Ct., September 28, 2012)

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