In a series of decisions dated February 5 and 6, 2024, the Hon. Kevin J. Kerrigan denied the plaintiff’s motion seeking summary judgment on his Labor Law §240(1) claim, granted our client New York City Housing Authority summary judgment dismissing the plaintiff’s complaint against it in its entirety and granted our client LIC 73, LLC summary judgment dismissing the plaintiff’s common law negligence, Labor Law §§200 and 241(6) claims and dismissing co-defendant’s cross-claims for common law indemnity and contribution. The plaintiff, a laborer employed by non-party Archstone Builders, claimed that he was injured when he fell from an A-frame ladder while removing flex duct from the a ceiling. The flex duct was connected to a temporary air conditioning unit being used to cool occupied office space during construction. With respect to NYCHA, Judge Kerrigan concluded that as a tenant of the building which did not contract for or supervise the work, it was not a Labor Law defendant. Given this finding, the plaintiff’s complaint as against NYCHA was dismissed in its entirety. As for LIC 73, the Judge agreed that it could not be subject to liability under the common law or pursuant to Labor Law §200 because it did not supervise, direct or control the means and methods of the plaintiff’s work. The Judge also agreed that dismissal of the plaintiff’s Labor Law §241(6) claim was warranted because none of the Industrial Code Rules cited by the plaintiff were violated. As for the plaintiff’s Labor Law §240(1) claim, Judge Kerrigan focused on the plaintiff’s deposition testimony that he did not know whether he fell because the ladder moved, or whether the ladder moved after he started to fall. Ultimately, the Judge found questions of fact as to whether the ladder was unsecured or whether the plaintiff simply fell. Additionally, Judge Kerrigan determined that there were also questions of fact as to whether Labor Law §240(1) was applicable because the plaintiff was removing the duct work prior to construction beginning, which may not constitute protected work. Finally, the Judge dismissed the co-defendants’ cross-claims for common law indemnity and contribution based on a finding that LIC 73 was not negligent as a matter of law.

Gerard Quinn v. The City of New York, Index No. 718810/20 (Sup. Ct. Queens Co., Feb. 5 and 6, 2024)