DeFelice v. Seakco Constr. Co.

• Decision Date: 03 May 2017
• Citation: 54 N.Y.S.3d 55,150 A.D.3d 677
• Parties: Richard DeFELICE, Jr., plaintiff-respondent, v. SEAKCO CONSTRUCTION COMPANY, LLC, et al., defendants-respondents, Michael O'Halloran, et al., appellants (and third-party actions).
• Court: New York Supreme Court — Appellate Division

150 A.D.3d 677
54 N.Y.S.3d 55

Richard DeFELICE, Jr., plaintiff-respondent,
v.
SEAKCO CONSTRUCTION COMPANY, LLC, et al., defendants-respondents,

Michael O'Halloran, et al., appellants

(and third-party actions).

Supreme Court, Appellate Division, Second Department, New York.

May 3, 2017.

54 N.Y.S.3d 56

Cuomo LLC, New York, NY (Matthew A. Cuomo of counsel), for appellants.

Henderson & Brennan, White Plains, NY (Lauren J. Demase and Brian Henderson of counsel), for plaintiff-respondent.

Craig P. Curcio, Middletown, NY (Tony Semidey of counsel), for defendants-respondents.

REINALDO E. RIVERA, J.P., RUTH C. BALKIN, BETSY BARROS, and VALERIE BRATHWAITE NELSON, JJ.

In an action to recover damages for personal injuries, the defendants Michael O'Halloran and Judith McHale appeal from so much of an order of the Supreme Court, Westchester County (Lefkowitz, J.), dated June 3, 2015, as denied those branches of their motion which were for summary judgment dismissing the causes of action alleging common-law negligence and a violation of Labor Law § 200 insofar as asserted against them.

ORDERED that the order is affirmed insofar as appealed from, with one bill of costs payable to the respondents appearing separately and filing separate briefs.

The plaintiff, an electrician, allegedly slipped on ice and fell on the driveway as he approached the front steps of a house owned by the defendants Michael O'Halloran and Judith McHale (hereinafter together the homeowners). At the time of the accident, the house was undergoing extensive renovations and the homeowners were living out of state. The defendant Seakco New York, LLC (hereinafter Seakco), was the general contractor on the renovation project. The plaintiff commenced this action alleging common-law negligence and violations of Labor Law §§ 200 and 241(6) against, among others, the homeowners and Seakco. The homeowners moved for summary judgment dismissing the complaint insofar as asserted against them, arguing that they did not exercise any supervision or control over the plaintiff's work and that they lacked notice of the allegedly icy condition that caused...