Pope v. SUPREME-KRW CONSTRUCTION CORP.

• Citation: 261 A.D.2d 523,690 N.Y.S.2d 632
• Parties: ALSTON POPE et al., Respondents,<BR>v.<BR>SUPREME-K.R.W. CONSTRUCTION CORP. et al., Defendants and Third-Party Plaintiffs-Respondents-Appellants, and J.S.C. DYNAMIC ENTERPRISES, INC., Defendant and Third-Party Plaintiff-Appellant-Respondent.<BR>EDGAR SNAGG, Tried as GILCO, INC., Third-Party Defendant.
• Decision Date: 17 May 1999
• Court: New York Supreme Court — Appellate Division

261 A.D.2d 523

690 N.Y.S.2d 632

ALSTON POPE et al., Respondents,

v. SUPREME-K.R.W. CONSTRUCTION CORP. et al., Defendants and Third-Party Plaintiffs-Respondents-Appellants, and J.S.C. DYNAMIC ENTERPRISES, INC., Defendant and Third-Party Plaintiff-Appellant-Respondent.EDGAR SNAGG, Tried as GILCO, INC., Third-Party Defendant.

Decided May 17, 1999.

S. Miller, J. P., Ritter, Altman and H. Miller, JJ., concur.

Ordered that the order is modified, on the law, by deleting the provision thereof which denied that branch of the motion of Supreme-K.R.W. Construction Corp. and K.R.W. & Supreme Enterprises, Inc., which was for summary judgment against J.S.C. Dynamic Enterprises, Inc., on their cross claim to be indemnified for attorney's fees, expenses, costs, and disbursements, and substituting therefor a provision granting that branch of the motion; as so modified, the order is affirmed insofar as cross-appealed from; and it is further,

Ordered that the order is affirmed insofar as appealed from, without costs or disbursements.

The plaintiff Alston Pope (hereinafter the plaintiff) was allegedly injured while working as a carpenter on a renovation project on a three-story building in Brooklyn. The plaintiff was struck on the head by a beam being installed in the floor one level above the level on which he was working. The plaintiff and a co-worker were cutting and then handing the beams up to two co-workers on ladders who were putting the beams in place. At the time, the owner of the building was the defendant third-party plaintiff K.R.W. & Supreme Enterprises, Inc. (hereinafter K.R.W.). The construction manager general contractor for the project was the defendant third-party plaintiff Supreme-K.R.W. Construction Corp. (hereinafter Supreme). Supreme entered into a contract with the defendant second third-party plaintiff J.S.C. Dynamic Enterprises, Inc. (hereinafter Dynamic) to perform the work at issue. Dynamic in turn subcontracted the work to the third-party defendant second third-party defendant Edgar Snagg, t/a Gilco, Inc. (hereinafter Gilco). The plaintiff was an employee of Gilco.

The plaintiffs commenced this action against Supreme, K.R.W., and Dynamic, alleging damages arising from a violation of Labor Law § 240 (1). After issue was joined, the plaintiffs moved for summary judgment as to liability. K.R.W. and Supreme cross-moved for summary judgment against Dynamic on their cross claims for both contractual and common-law indemnity. In the order appealed from, the Supreme Court, inter alia, granted the plaintiffs' motion, and granted the cross motion of K.R.W. and Supreme, except insofar as the cross motion sought indemnity for attorney's fees, expenses, costs, and disbursements. We modify.

Contrary to the arguments of K.R.W. and Supreme, the alleged injuries at issue arose from a...