Sledge v. S.M.S. General Contractors, Inc.

Decision Date07 June 2017
Citation54 N.Y.S.3d 666,151 A.D.3d 782
Parties James SLEDGE, appellant, v. S.M.S. GENERAL CONTRACTORS, INC., et al., respondents, et al., defendants.
CourtNew York Supreme Court — Appellate Division

151 A.D.3d 782
54 N.Y.S.3d 666

James SLEDGE, appellant,
v.
S.M.S. GENERAL CONTRACTORS, INC., et al., respondents, et al., defendants.

Supreme Court, Appellate Division, Second Department, New York.

June 7, 2017.


54 N.Y.S.3d 667

Edelman, Krasin & Jaye, PLLC, Westbury, NY (Kara M. Rosen of counsel), for appellant.

Purcell & Ingrao, P.C., Mineola, NY (Lynn A. Ingrao and Corey Pugliese of counsel), for respondents S.M.S. General Contractors, Inc., and S.M.S. General Contractors, Inc., doing business as Steve's Custom Rockers.

WILLIAM F. MASTRO, J.P., JOHN M. LEVENTHAL, LEONARD B. AUSTIN, and SHERI S. ROMAN, JJ.

In an action to recover damages for personal injuries, the plaintiff appeals, as limited by his brief, from so much of an order of the Supreme Court, Suffolk County (Molia, J.), dated January 2, 2015, as granted that branch of the motion of the defendants S.M.S. General Contractors, Inc., and S.M.S. General Contractors, Inc., doing business as Steve's Custom Rockers, which was for summary judgment dismissing the causes of action alleging a violation of Labor Law § 200 and common-law negligence insofar as asserted against them.

ORDERED that the order is affirmed insofar as appealed from, with costs.

The plaintiff was an employee of RBJ Construction (hereinafter RBJ), the general contractor on a project involving the construction of an approximately 12,000 square-foot house. The plaintiff commenced this action to recover damages for personal injuries he allegedly sustained when he fell from a ladder on the second floor and landed on the first floor. The plaintiff alleged that an employee of the defendants S.M.S. General Contractors, Inc., and S.M.S. General Contractors, Inc., doing business as Steve's Custom Rockers (hereinafter together the defendants), who were hired to install sheet rock pursuant to a subcontract with RBJ, pulled some electrical extension cords that got tangled with the ladder, causing him to fall from the ladder.

The Supreme Court properly determined that the defendants were entitled to summary judgment dismissing...

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    ...v. St. Mary's R.C. Church, 82 A.D.3d 1192, 1195, 920 N.Y.S.2d 233 [internal quotation marks omitted]; see Sledge v. S.M.S. Gen. Contrs., Inc., 151 A.D.3d 782, 783, 54 N.Y.S.3d 666 ; Erickson v. Cross Ready Mix, Inc., 75 A.D.3d 519, 523, 906 N.Y.S.2d 284 ). An award of summary judgment in fa......
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