Quintavalle v. Mitchell Backhoe Service, Inc.
| Decision Date | 23 June 2003 |
| Citation | 761 N.Y.S.2d 841,306 A.D.2d 454 |
| Parties | JOSEPH M. QUINTAVALLE et al., Respondents-Appellants,<BR>v.<BR>MITCHELL BACKHOE SERVICE, INC., Defendant and Third-Party Plaintiff-Appellant-Respondent, and<BR>65 GREENFIELD DEVELOPMENT CORP., Appellant-Respondent.<BR>MICHAEL QUINTAVALLE TREE SERVICE, INC., Third-Party Defendant. |
| Court | New York Supreme Court — Appellate Division |
Ordered that one bill of costs is awarded to the defendants Mitchell Backhoe Service, Inc., and 65 Greenfield Development Corp.
On June 22, 1999, the injured plaintiff Joseph Michael Quintavalle (hereinafter the plaintiff), the owner of the third-party defendant Michael Quintavalle Tree Service, Inc., allegedly sustained injuries while cutting down a tree on certain property owned by the defendant 65 Greenfield Development Corp. (hereinafter Greenfield). The defendant third-party plaintiff Mitchell Backhoe Service, Inc. (hereinafter Mitchell Backhoe) was retained by Greenfield to perform excavation work at the site. The plaintiff and his wife commenced this action against Mitchell Backhoe and Greenfield alleging violations of Labor Law §§ 200, 240 (1), and § 241 (6). Mitchell Backhoe and Greenfield separately moved for summary judgment dismissing the complaint insofar as asserted against them. The Supreme Court denied their motions. We reverse.
The defendants established their entitlement to summary judgment on the cause of action pursuant to Labor Law § 200 by demonstrating that the accident occurred as the result of the plaintiff's method of operation, and that they did not exercise any supervision or control over the plaintiff's work (see Mas v Kohen, 283 AD2d 616 [2001]). In opposition, the plaintiffs failed to raise a triable issue of fact.
The defendants also established their entitlement to summary judgment on the cause of action pursuant to Labor Law § 240 (1). In opposition, the plaintiffs failed to raise a triable issue of fact that "the object fell, while being hoisted or secured, because of the absence or inadequacy of a safety device of the kind enumerated in the statute" (Narducci v Manhasset Bay Assoc., 96 NY2d 259, 268 [2001] [emphasis in original]).
The cause of action pursuant to Labor Law § 241 (6) should have...
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