Robles v. Taconic Mgmt. Co.
| Decision Date | 19 June 2019 |
| Docket Number | 2016–08614,Index No. 75742/06 |
| Citation | 103 N.Y.S.3d 571,173 A.D.3d 1089 |
| Parties | Edilberto ROBLES, Appellant-Respondent, v. TACONIC MANAGEMENT COMPANY, LLC, et al., Respondents-Appellants, Collins Building Services, Inc., et al., Respondents, 111 Chelsea, LLC, Defendant Third-Party Plaintiff-Respondent-Appellant, Waldorf Carting Corporation, Defendant Third-Party Defendant-Respondent, Calvin Maintenance, Inc., Third-Party Defendant-Respondent, et al., Third-Party Defendant. |
| Court | New York Supreme Court — Appellate Division |
173 A.D.3d 1089
103 N.Y.S.3d 571
Edilberto ROBLES, Appellant-Respondent,
v.
TACONIC MANAGEMENT COMPANY, LLC, et al., Respondents-Appellants,
Collins Building Services, Inc., et al., Respondents,
111 Chelsea, LLC, Defendant Third-Party Plaintiff-Respondent-Appellant,
Waldorf Carting Corporation, Defendant Third-Party Defendant-Respondent,
Calvin Maintenance, Inc., Third-Party Defendant-Respondent, et al., Third-Party Defendant.
2016–08614
Index No. 75742/06
Supreme Court, Appellate Division, Second Department, New York.
Argued - January 10, 2019
June 19, 2019
Sim & Record, LLP, Bayside, N.Y. (Sang J. Sim of counsel), for appellant-respondent.
James J. Toomey, New York, N.Y. (Evy L. Kazansky of counsel), for respondents—appellants Taconic Management Company, LLC, and Taconic Management Corp., and defendant third-party plaintiff-respondent-appellant, 111 Chelsea, LLC.
Cartafalsa, Slattery, Turpin & Lenoff, New York, N.Y. (David S. Pasternak of counsel), for respondent Collins Building Services, Inc.
Geringer, McNamara & Horowitz LLP, New York, N.Y. (John T. McNamara of counsel), for respondents New York Elevator & Electrical Corporation and New York Elevator Co., Inc.
Perry, Van Etten, Rozanski & Primavera, LLP, New York, N.Y. (Joseph C. Bellard of counsel), for defendant third-party defendant-respondent, Waldorf Carting Corporation, and third-party defendant-respondent, Calvin Maintenance, Inc.
JOHN M. LEVENTHAL, J.P., SHERI S. ROMAN, JOSEPH J. MALTESE, ANGELA G. IANNACCI, JJ.
DECISION & ORDER
In a consolidated action to recover damages for personal injuries, the plaintiff appeals, and the defendants Taconic Management Company, LLC, Taconic Management Corp., and 111 Chelsea, LLC, cross-appeal, from an order of the Supreme Court, Kings County (Martin M. Solomon, J.), dated May 31, 2016. The order, insofar as appealed from, granted those branches of the motion of the defendants Taconic Management Company, LLC, Taconic Management Corp., and 111 Chelsea, LLC, and the separate motions of the defendant Collins Building Services, Inc., the defendant New York Elevator & Electrical Corporation, and the defendants Waldorf Carting Corporation and Calvin Maintenance, Inc., which were for summary judgment dismissing the causes of action alleging violations of Labor Law § 200 and common-law negligence insofar as asserted against the defendants Taconic Management Company, LLC, Taconic Management Corp., 111 Chelsea, LLC, Collins Building Services, Inc., and Waldorf Carting Corporation, and granted that branch of the motion of the defendants Taconic Management Company, LLC, Taconic Management Corp., and 111 Chelsea, LLC, which was for summary judgment dismissing
the cause of action alleging a violation of Labor Law § 241(6) insofar as asserted against them. The order, insofar as cross-appealed from, denied those branches of the motion of the defendants Taconic Management Company, LLC, Taconic Management Corp., and 111 Chelsea, LLC, which were for summary judgment on their cross claims and third-party causes of action for indemnification against the defendants Collins Building
Services, Inc., New York Elevator & Electrical Corporation, and Waldorf Carting Corporation, and granted those branches of the separate motions of the defendant Collins Building Services, Inc., the defendant New York Elevator & Electrical Corporation, and the defendants Waldorf Carting Corporation and Calvin Maintenance, Inc., which were for summary judgment dismissing the cross claims and third-party causes of action for indemnification insofar as asserted against each of them.
ORDERED that the order is modified, on the law, (1) by deleting the provision thereof granting those branches of the motion of the defendants Taconic Management Company, LLC, Taconic Management Corp., and 111 Chelsea, LLC, and the separate motion of the defendants Waldorf Carting Corporation and Calvin Maintenance, Inc., which were for summary judgment dismissing the causes of action alleging violations of Labor Law § 200 and common-law negligence insofar as asserted against the defendants Taconic Management Company, LLC, Taconic Management Corp., 111 Chelsea, LLC, and Waldorf Carting Corporation, and substituting therefor a provision denying those branches of those motions, and (2) by deleting the provision thereof granting those branches of the separate motions of the defendant Collins Building Services, Inc., and the defendants Waldorf Carting Corporation and Calvin Maintenance, Inc., which were for summary judgment dismissing the cross claims and third-party causes of action for indemnification insofar as asserted against the defendants Collins Building Services, Inc., and Waldorf Carting Corporation, and substituting therefor a provision denying those branches of those motions; as so modified, the order is affirmed insofar as appealed and cross-appealed from, with one bill of costs to the plaintiff, payable by the defendants Waldorf Carting Corporation, Taconic Management Company, LLC, Taconic Management Corp., and 111 Chelsea, LLC, appearing separately and filing separate briefs.
The plaintiff, a laborer who was transporting demolished materials onto a freight elevator, allegedly sustained injuries when he was struck on the head by a closing vertical elevator
door. The plaintiff commenced this action alleging, inter alia, violations of Labor Law §§ 200 and 241(6), as well as common-law negligence, against the owner of the building where the accident occurred, 111 Chelsea, LLC (hereinafter Chelsea); the management company, Taconic Management Company, LLC, and Taconic Management Corp. (hereinafter together Taconic); the company contracted to operate the freight elevator, Collins Building Services, Inc....
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