Harasim v. Eljin Constr. of N.Y., Inc.

• Decision Date: 28 May 2013
• Citation: 966 N.Y.S.2d 387,106 A.D.3d 642,2013 N.Y. Slip Op. 03796
• Parties: Piotr HARASIM, et al., Plaintiffs–Respondents–Appellants, v. ELJIN CONSTRUCTION OF NEW YORK, INC., Defendant–Appellant–Respondent, Madison–90th Street Corporation, Defendant–Respondent–Appellant, Wholesale Marble Distributors, Inc., Defendant, Douglas Elliman, LLC, Defendant–Respondent. Madison–90th Street Corporation, et al., Third–Party Plaintiffs–Respondents–Appellants, v. Susan Goldberg, et al., Third–Party Defendants–Appellants–Respondents. [And a Second Third–Party Action]
• Court: New York Supreme Court — Appellate Division

106 A.D.3d 642
966 N.Y.S.2d 387
2013 N.Y. Slip Op. 03796

Piotr HARASIM, et al., Plaintiffs–Respondents–Appellants,
v.
ELJIN CONSTRUCTION OF NEW YORK, INC., Defendant–Appellant–Respondent,
Madison–90th Street Corporation, Defendant–Respondent–Appellant,
Wholesale Marble Distributors, Inc., Defendant,
Douglas Elliman, LLC, Defendant–Respondent.
Madison–90th Street Corporation, et al., Third–Party Plaintiffs–Respondents–Appellants,
v.
Susan Goldberg, et al., Third–Party Defendants–Appellants–Respondents.
[And a Second Third–Party Action]

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

May 28, 2013.

[966 N.Y.S.2d 388]

Faust Goetz Schenker & Blee, New York (Peter Kreymer of counsel), for Eljin Construction of New York, Inc., appellant-respondent.

Cuomo, LLC, New York (Sara R. David of counsel), for Susan Goldberg and Michael Goldberg, appellants-respondents.

The Perecman Firm, P.L.L.C., New York (Peter D. Rigelhaupt of counsel), for Piotr Harasim and Anna Harasim, respondents-appellants.

Morris Duffy Alonso & Faley, New York (Anna J. Ervolina of counsel), for Madison–90th Street Corporation, Residential Management, LLC and Douglas Elliman, LLC, respondents-appellants/respondent.

ACOSTA, J.P., RENWICK, RICHTER, FEINMAN, JJ.

[106 A.D.3d 642]Order, Supreme Court, New York County (Jeffrey K. Oing, J.), entered May 21, 2012, which, to the extent appealed from as [106 A.D.3d 643]limited by the briefs, denied the part of defendant Eljin Construction of New York, Inc.'s motion for summary judgment that sought dismissal of plaintiffs' Labor Law § 241(6) claim as against it, denied the part of third-party defendants' motion for summary judgment that sought dismissal of third-party plaintiffs' claims against them for contractual indemnification and breach of contract for failure to procure adequate insurance, denied plaintiffs' cross motion for partial summary judgment on their Labor Law § 241(6) claims against defendants Madison–90th Street Corporation and Eljin, denied so much of the motion of defendants/third-party plaintiffs Madison and Douglas Elliman, LLC as sought summary judgment dismissing plaintiffs' Labor Law § 241(6) claims as against Madison, and denied so much of their motion as sought conditional summary judgment on their contractual indemnification claims against third-party defendants, unanimously modified, on the law, to dismiss plaintiffs' Labor Law § 241(6) claim against Madison and Eljin solely to the extent that it is predicated on 12...