Rivera v. JP Morgan Chase & Co.

• Decision Date: 06 December 2021
• Docket Number: 595917/2019,595332/2021,595466/2020,Index 156677/2016
• Court: New York Supreme Court
• Parties: YAMIL RIVERA, Plaintiff, v. JP MORGAN CHASE &CO., JP MORGAN CHASE BANK, ROGERS ELECTRICAL CONTRACTORS, INC., JONES LANG LASALLE AMERICAS, INC., J.P. MORGAN CHASE, Defendant. JONES LANG LASALLE AMERICAS, INC. Plaintiff, v. ROGERS ELECTRIC CONTRACTORS, INC. Defendant. JP MORGAN CHASE &CO., JP MORGAN CHASE BANK, J.P. MORGAN CHASE Plaintiff, v. FOREST ELECTRIC CORP. Defendant. JP MORGAN CHASE &CO., JP MORGAN CHASE BANK, J.P. MORGAN CHASE Plaintiff, v. JAMES F. VOLPE ELECTRICAL CONTRACTING CORP. Defendant. Motion Seq. Nos. 010, 011, 012, 013

2021 NY Slip Op 32571(U)

YAMIL RIVERA, Plaintiff,
v.
JP MORGAN CHASE &CO., JP MORGAN CHASE BANK, ROGERS ELECTRICAL CONTRACTORS, INC., JONES LANG LASALLE AMERICAS, INC., J.P. MORGAN CHASE, Defendant.

JONES LANG LASALLE AMERICAS, INC. Plaintiff,
v.
ROGERS ELECTRIC CONTRACTORS, INC. Defendant.

JP MORGAN CHASE &CO., JP MORGAN CHASE BANK, J.P. MORGAN CHASE Plaintiff,
v.
FOREST ELECTRIC CORP. Defendant.

JP MORGAN CHASE &CO., JP MORGAN CHASE BANK, J.P. MORGAN CHASE Plaintiff,
v.
JAMES F. VOLPE ELECTRICAL CONTRACTING CORP. Defendant.

Motion Seq. Nos. 010, 011, 012, 013

Index Nos. 156677/2016, 595917/2019, 595466/2020, 595332/2021

Supreme Court, New York County

December 6, 2021

Unpublished Opinion

Motion Date 06/17/2021

DECISION + ORDER ON MOTION

HON. CAROL EDMEAD, Justice

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The following e-filed documents, listed by NYSCEF document number (Motion 010) 243, 244, 245, 246, 247, 248, 249, 250, 251, 252, 253, 254, 255, 256, 257, 258, 259, 260, 261, 262, 263, 264, 265, 266, 267, 268, 269, 270, 271, 353, 356, 370, 391, 394, 395, 406, 407, 413, 414, 420, 422 were read on this motion to/for JUDGMENT - SUMMARY.

The following e-filed documents, listed by NYSCEF document number (Motion 011) 272, 273, 274, 275, 276, 277, 278, 279, 280, 281, 282, 283, 284, 285, 286, 287, 288, 289, 290, 291, 292, 293, 294, 295, 296, 297, 298, 299, 300, 301, 302, 303, 304, 305, 306, 307, 308, 309, 310, 354, 357, 371, 387, 393, 408, 409, 417, 418, 419, 423 were read on this motion to/for JUDGMENT - SUMMARY.

The following e-filed documents, listed by NYSCEF document number (Motion 012) 311, 312, 313, 314, 315, 316, 317, 318, 319, 320, 321, 322, 323, 324, 325, 326, 327, 328, 329, 330, 331, 332, 333, 355, 358, 372, 388, 389, 390, 410, 411, 424, 427, 428 were read on this motion to/for SUMMARY JUDGMENT(AFTER JOINDER

The following e-filed documents, listed by NYSCEF document number (Motion 013) 334, 335, 336, 337, 338, 339, 340, 341, 342, 343, 344, 345, 346, 347, 348, 349, 350, 351, 352, 359, 360, 373, 385, 386, 392, 396, 397, 398, 399, 400, 401, 402, 403, 404, 405, 415, 416, 425 were read on this motion to/for JUDGMENT - SUMMARY. Upon the foregoing documents, it is

ORDERED that the motion (sequence number 010) of defendant/third-party defendant Lin R. Rogers Electrical Contractors, Inc. i/s/h/a Rogers Electrical Contractors, Inc. d/b/a Rogers Electric and second third-party defendant Forest Electric Corp. for summary judgment is granted to the extent of dismissing:

(1) plaintiffs Labor Law § 241 (6) claim except as to the alleged violations of 12 NYCRR 23-1.13 (b) (4) and 12 NYCRR 23-1.21

(2) defendant/third-party plaintiff Jones Lang LaSalle Americas, Inc.'s claims for contractual indemnification and breach of contract against defendant/third-party defendant Lin R. Rogers Electrical Contractors, Inc. i/s/h/a Rogers Electrical Contractors, Inc. d/b/a Rogers Electric

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(3) defendant/second third-party plaintiff JPMorgan Chase Bank, N.A.'s contractual indemnification claim against second third-party defendant Forest Electric Corp., and

(4) defendant/second third-party plaintiff JPMorgan Chase Bank, N.A.'s common-law indemnification and contribution claims against second third-party defendant Forest Electric Corp., and is otherwise denied; and it is further

ORDERED that the motion (sequence number Oil) of plaintiff is granted on the issue of liability under Labor Law §§ 240 (1) and 241 (6), based upon a violation of 12 NYCRR 23-1.13 (b) (4), as against defendants JPMorgan Chase Bank, N.A. and Lin R. Rogers Electrical Contractors, Inc. i/s/h/a Rogers Electrical Contractors, Inc. d/b/a Rogers Electric, with the issue of plaintiff s damages to be determined at the trial of this action, and is otherwise denied; and it is further

ORDERED that the motion (sequence number 012) of defendant/second third-party plaintiff JPMorgan Chase Bank, N.A. is granted to the extent of granting leave to amend its answer to assert a cross claim for contractual indemnification against Jones Lang LaSalle Americas, Inc., and granting summary judgment as to liability on its breach of contract claims against defendant/third-party plaintiff Jones Lang LaSalle Americas, Inc. and second third-party defendant Forest Electric Corp., and is otherwise denied; and it is further

ORDERED that the motion (sequence number 013) of defendant/third-party plaintiff Jones Lang LaSalle Americas, Inc. is granted to the extent of dismissing plaintiffs Labor Law § 241 (6) claim except as to the alleged violations of 12 NYCRR 23-1.13 (b) (4) and 12 NYCRR 23-1.21, and is otherwise denied; and it is further

ORDERED that the Clerk of the Court shall enter judgment accordingly; and it is further

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ORDERED that counsel for Plaintiff shall serve a copy of this order, along with notice of entry, on all parties within ten (10 days.

MEMORANDUM DECISION

Motion sequence numbers 010, 011, 012, and 013 are consolidated for disposition.

In this Labor Law action, plaintiff Yamil Rivera (plaintiff), an electrician, alleges that he was injured on July 13, 2016 at a Chase Bank branch located at 1051 Jackson Avenue in Long Island City. Plaintiff alleges that while he was performing electrical work, he fell from a ladder after receiving an electric shock.

Defendant/third-party defendant Lin R. Rogers Electrical Contractors, Inc. i/s/h/a Rogers Electrical Contractors, Inc. d/b/a Rogers Electric (hereinafter, Rogers) and second third-party defendant Forest Electric Corp. (Forest) move, pursuant to CPLR 3212, for summary judgment dismissing the second amended complaint as against Rogers, the third-party complaint, and the second third-party complaint and all cross claims against them with prejudice (motion sequence number 010).^[1]

Plaintiff moves, pursuant to CPLR 3212, for partial summary judgment on the issue of liability under Labor Law §§ 240 (1) and 241 (6) as against defendants JPMorgan Chase Bank, N.A. (hereinafter, JP Morgan), Rogers, and Jones Lang LaSalle Americas, Inc. (hereinafter, JLL), and against JLL pursuant to the doctrine of res ipsa loquitur (motion sequence number 011).

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JP Morgan moves for an order: (1) pursuant to CPLR 3025 (b), granting leave to correct a typographical error with respect to its cross claim for contractual indemnification against JLL; (2) pursuant to CPLR 3212, granting summary judgment on its cross claims for common-law indemnification, contractual indemnification, and breach of contract against JLL; (3) pursuant to CPLR 3212, granting summary judgment on its cross claim for common-law indemnification against Rogers; and (4) pursuant to CPLR 3212, for summary judgment on its third-party claims for common-law indemnification, contractual indemnification, and breach of contract against Forest (motion sequence number 012).

JLL moves, pursuant to CPLR 3212, for: (1) summary judgment dismissing the second amended complaint and all cross claims against it; and (2) summary judgment on its contractual indemnification, contribution, and common-law indemnification claims against Rogers (motion sequence number 013). By amended affirmation, JLL also seeks summary judgment against Forest and JP Morgan.

BACKGROUND

On the date of the accident, JP Morgan owned the premises (NY St Cts Elec Filing [NYSCEF] Doc Nos. 274, 275, 276). Pursuant to Master Agreement # CW 534285, JP Morgan hired Rogers Electric Service Corporation to perform, among other things, lighting installation services (NYSCEF Doc No. 277). Under a Master Subcontract Agreement effective May 1, 2016, Rogers Electric Lighting Corporation retained Forest to perform electrical work at the subject premises (NYSCEF Doc No. 278). JLL entered into a Master Services Agreement, Contract # CW605414, with JP Morgan to perform various work at the subject location, including performing facilities management services and delivering building electrical systems

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(NYSCEF Doc No. 279). It is undisputed that Forest employed plaintiff as an electrician on the date of the accident.

Plaintiff testified at his deposition that he was injured on July 13, 2016 while working as an electrician for Forest (NYSCEF Doc No. 250, plaintiff 2/15/18 tr at 11, 19, 25). James Caputo (Caputo) was his foreperson that day (id. at 26). His accident occurred at about 10:20 p.m. in the parking lot of a JP Morgan Chase bank location in Queens, New York (id. at 27, 42-43). The project consisted of retrofitting lights at the bank; Forest was changing the fluorescent light system to an LED light system (id. at 35). Durrell from Rogers was there that day (id. at 36-37). While plaintiff was working inside the bank, Durrell told plaintiff that there was a problem with one of the light fixtures in the parking lot (id. at 60). The fixture needed to be reinstalled because one of plaintiff s coworkers had poorly installed the fixture (id. at 61-62). Plaintiff went to fix the light with one of his coworkers, "Big Dan" (id. at 63). Plaintiff brought a ladder and a pair of pliers (id. at 72). Forest provided the ladder (id. at 52-53).

According to plaintiff, as he climbed the ladder, Big Dan held the ladder (id. at 96). At the time of the accident, plaintiff was on the third or fourth rung from the top of the ladder (id. at 83). He reached for the light pole with his left hand (id. at 142). Plaintiff testified that "at that point [he] felt the ladder moving a little bit. And because [he] felt [he] was losing his balance, [he] grabbed onto the fence. And that's when [he] felt the shock" (NYSCEF Doc No. 251, plaintiff 3/5/18 tr at 26). Plaintiff yelled, and then fell off the ladder (NYSCEF Doc No. 250, plaintiff 2/15/18 tr at 110-111). Plaintiff did not know how long the fence had been electrified before the accident, and had not made any complaints about the fence (id. at 209). Plaintiff further testified that he did not have a multimeter on the day of the accident, and did...