Rucinski v. More Restoration Co.

Decision Date29 November 2022
Docket NumberIndex Nos. 303087/12,83924/12,83996/12,83739/13,84015/15,84057/15,84072/15,16728,Case No. 2020-04517
Citation2022 NY Slip Op 06771
PartiesZbigniew Rucinski et al., Plaintiffs, v. More Restoration Co., Inc., et al., Defendants. (A Third-Party Action.) Skylights By George Co., Inc., Second Third-Party Plaintiff-Respondent, v. More Restoration Co. Inc., et al., Second Third-Party Defendants. Kraus Management, Inc. et al., Second Third-Party Defendants-Appellants. Kraus Management Inc., Third Third-Party Plaintiff-Appellant, v. Skylights By George Co., Inc., Third Third-Party Defendant-Respondent. (And Fourth, Fifth and Six Third-Party Actions.)
CourtNew York Supreme Court

Mauro Lilling NaParty LLP, Woodbury (Anthony F. DeStefano of counsel), for appellants.

Maroney & O'Connor, LLP, New York (Darian A. Bryan of counsel), for respondent.

Before: Webber, J.P., Friedman, Kennedy, Mendez, Shulman, JJ.

Order Supreme Court, Bronx County (Howard H. Sherman, J.), entered on or about October 7, 2020, which, to the extent appealed from as limited by the briefs, conditionally granted the motion of defendant/third third-party plaintiff Kraus Management Inc. and defendant Franklin Kite Housing Development Fund Corporation (together, defendants) for summary judgment for contractual indemnification against third third-party defendant Skylights By George Co., Inc. and granted Skylights's motion for summary judgment dismissing the third third-party claims against it for common-law indemnification and contribution, unanimously reversed, on the law, without costs, to deny Skylights's motion and unconditionally grant defendants' motion.

Zbigniew Rucinski, the injured plaintiff (plaintiff), was employed by Skylights, a subcontractor that had been hired to replace skylights on premises owned by Kraus Management and managed by Franklin Kite. Plaintiff alleges that while he was doing the installation work at the premises, he was struck by a piece of debris, suffering a traumatic brain injury that resulted in permanent total disability.

Skylights's motion for summary judgment dismissing the common-law indemnification and contribution claims as against it should have been denied. Skylights satisfied its prima facie burden of showing that plaintiff did not sustain a grave injury by submitting a report by its expert Dr. Carmen Vasquez, who opined that plaintiff could function cognitively well,...

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