Chun Chan v. Mehran Holdings Ltd.

• Decision Date: 30 October 2020
• Docket Number: Index No. 152145/2015
• Citation: 2020 NY Slip Op 33611 (U)
• Parties: CHUN CHAN, Plaintiff v. MEHRAN HOLDINGS LTD. and HONG KONG PLAZA MANAGEMENT CORP., Defendants MEHRAN HOLDINGS LTD., Third Party Plaintiff v. JEFFREY WU, Third Party Defendant
• Court: New York Supreme Court

2020 NY Slip Op 33611(U)

CHUN CHAN, Plaintiff
v.
MEHRAN HOLDINGS LTD.
and HONG KONG PLAZA MANAGEMENT CORP., Defendants

MEHRAN HOLDINGS LTD., Third Party Plaintiff
v.
JEFFREY WU, Third Party Defendant

Index No. 152145/2015

SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF NEW YORK: PART 46

RECEIVED: November 2, 2020
October 30, 2020

NYSCEF DOC. NO. 271

DECISION AND ORDER

LUCY BILLINGS, J.S.C.:

I. BACKGROUND

Plaintiff sues to recover damages for personal injuries sustained May 30, 2014, when he fell from a ladder as he was performing demolition work on premises owned by defendant Mehran Holdings Ltd. and occupied by defendant Hong Kong Plaza Management Corp., pursuant to a lease that third party defendant Wu guaranteed. Mehran Holdings moves to reargue its first motion for summary judgment to the extent that Mehran Holdings sought dismissal of plaintiff's claim under New York Labor Law § 240(1),

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which the court denied in an order dated April 30, 2019, and plaintiff's separate motion for summary judgment on Mehran Holdings' liability under Labor Law § 240(1), which the court granted in the same Order. C.P.L.R. §§ 2221(d), 3212(b) and (e). Mehran Holdings also moves to reargue its second motion for summary judgment on its third party claims, which the court also denied in the same order. C.P.L.R. §§ 2221(d), 3212(b). For the reasons explained below, the court denies Mehran Holdings' current motion.

II. PLAINTIFF'S CLAIM UNDER LABOR LAW § 240(1)

Plaintiff consistently testified at his deposition that, as he worked at an elevation to remove a cylinder from a metal door above his head, a metal piece came loose, lacerated his arm, and caused the ladder to move. After the ladder moved, he lost his balance and fell to the ground. Plaintiff's testimony that the unsecured ladder he was using moved established a violation of Labor Law § 240(1). Tuzzolino v. Consolidated Edison Co. of N.Y., 160 A.D.3d 568, 568 (1st Dep't 2018); Plywacz v. 85 Broad St. LLC, 159 A.D.3d 543, 544 (1st Dep't 2018); Merino v. Continental Towers Condominium, 159 A.D.3d 471, 472 (1st Dep't 2018); Gonzalez v. 1225 Ogden Deli Grocery Corp., 158 A.D.3d 582, 583 (1st Dep't 2018).

Mehran Holdings claims no evidence established that the ladder was unsecured. First, plaintiff was not required to show a defect in the ladder to establish a Labor Law § 240(1) violation. Caminiti v. Extell W. 57th St. LLC, 166 A.D.3d 440,

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441 (1st Dep't 2018); Hill v. City of New York, 140 A.D.3d 568, 570 (1st Dep't 2016); Fanning v. Rockefeller Univ., 106 A.D.3d 484, 485 (1st Dep't 2013); Estrella v. GIT Indus., Inc., 105 A.D.3d 555, 555 (1st Dep't 2013). Second, the ladder's movement in any event, even if caused by plaintiff's movement as he attempted to dislodge the metal cylinder and it spun toward him, demonstrated that the ladder was unsecured. Its movement and failure to prevent plaintiff from falling also demonstrated, supported by the opinion of plaintiff's expert Certified Site Safety Mangager, that another safety device, such as a scissor lift or a scaffold, or a ladder secured by an anchor or co-worker was needed for adequate protection. Plywacz v. 85 Broad St. LLC, 159 A.D.3d at 544. The failure of the ladder to provide adequate protection from the hazards of work at an elevation also demonstrated that plaintiff was not the sole proximate cause of his injury. Nolan v. Port Auth. of N.Y. & N.J., 162 A.D.3d 488, 489 (1st Dep't 2018); Plywacz v. 85 Broad Street LLC, 159 A.D.3d at 543; Ross v. 1510 Assoc. LLC, 106 A.D.3d 471, 471 (1st Dep't 2013); Lizama v. 1801 Univ. Assoc., LLC, 100 A.D.3d 497, 498 (1st Dep't 2012).

Contrary to Mehran Holdings' contention, in granting plaintiff's motion...