La Lima v. Epstein
Cases that cite this one
24 later published cases cite this decision.
- Maroudas v. State (Appellate Division of the Supreme Court of New York 1997)
- Freeman v. National Audubon Society, Inc. (Appellate Division of the Supreme Court of New York 1997)
- Davis v. Pizzagalli Construction Co. (Appellate Division of the Supreme Court of New York 1992)
- Styer v. Walter Vita Construction, Inc. (Appellate Division of the Supreme Court of New York 1991)
- Public Administrator v. Trump Village Construction Corp. (Appellate Division of the Supreme Court of New York 1991)
- Bermejo v. New York City Health & Hospitals Corp. (Appellate Division of the Supreme Court of New York 2014)
- Bryde v. CVS Pharmacy (Appellate Division of the Supreme Court of New York 2009)
- Tama v. Gargiulo Bros., Inc. (Appellate Division of the Supreme Court of New York 2009)
- Aragundi v. Tishman Realty & Construction Co. (Appellate Division of the Supreme Court of New York 2009)
- Kwang Ho Kim v. D & W Shin Realty Corp. (Appellate Division of the Supreme Court of New York 2008)
- Castillo v. 62-25 30th Avenue Realty, LLC (Appellate Division of the Supreme Court of New York 2008)
- Coque v. Wildflower Estates Developers, Inc. (Appellate Division of the Supreme Court of New York 2006)
- Cabrera v. Board of Education (Appellate Division of the Supreme Court of New York 2006)
- Wagner v. Barney Skanska Construction Co. (Appellate Division of the Supreme Court of New York 2001)
- Stouraitis v. Long Island Railroad (Appellate Division of the Supreme Court of New York 2000)
- Guzman v. Gumley-Haft, Inc. (Appellate Division of the Supreme Court of New York 2000)
- Sapione v. Board of Education (Appellate Division of the Supreme Court of New York 1999)
- Ekere v. Airmont Industrial Park (Appellate Division of the Supreme Court of New York 1998)
- Edholm v. Smithtown DiCanio Organization, Inc. (Appellate Division of the Supreme Court of New York 1995)
- Boice v. Jegarmont Realty Corp. (Appellate Division of the Supreme Court of New York 1994)
- Birbilis v. Rapp (Appellate Division of the Supreme Court of New York 1994)
- Bryan v. City of New York (Appellate Division of the Supreme Court of New York 1994)
- Terranova v. City of New York (Appellate Division of the Supreme Court of New York 1993)
- Santos v. Sure Iron Works (Appellate Division of the Supreme Court of New York 1990)
This list shows which later cases cite this one. It does not say how they treated it, and no review of that has been done. Not a substitute for Shepard’s or KeyCite — verify before relying.
Opinion of the Court
In an action to recover damages for personal injuries, etc., the plaintiffs appeal from so much of an
Ordered that the order is reversed insofar as appealed from, with one bill of costs, and the motion is granted.
The plaintiff Joseph La Lima was injured when the plywood platform of the scaffold upon which he was working collapsed causing him to fall through the metal framework of the scaffold to the floor about six feet below. At the time of the accident, the plaintiff was employed as a carpenter by Wetzel Contracting (hereinafter Wetzel). He was in the process of installing an acoustical ceiling at the first floor restaurant premises of a building owned by Stanley Epstein. The restaurant premises were being renovated under the direction of the lessee, J.B.G. Restaurants (hereinafter J.B.G.), who had engaged D.V.H. Construction, Inc. (hereinafter D.V.H.) as a general contractor to carry out the renovation. In turn, D.V.H. had subcontracted with Wetzel for the installation of an acoustical ceiling and Sheetrock. The injured plaintiff and his wife sued the owner and lessee of the premises as well as the general contractor. D.V.H. then commenced a third-party action against the subcontractor Wetzel.
We find that the Supreme Court erred in denying the plaintiffs’ motion for partial summary judgment on the issue of liability under the Labor Law against Epstein, J.B.G., and D.V.H. Labor Law § 240 (1) imposes a nondelegable duty upon the owner, the general contractor, and their agents, to provide scaffolding which is "so constructed, placed and operated as to give proper protection” to employees using it (Labor Law § 240 [1]; see, Crawford v Leimzider, 100 AD2d 568). The injured worker’s contributory fault or assumption of the risk does not constitute a defense to the imposition of liability (see, Haimes v New York Tel. Co., 46 NY2d 132; Weaver v Lazarus, 93 AD2d 859). The plaintiff Joseph La Lima averred that he was injured when the wood platform of the scaffold collapsed beneath him and he fell through the framework of the scaffold. His prior inspection of the scaffold had revealed that the platform "was not screwed, bolted or fastened to the metal frame of the scaffold” and that the platform did not have any "metal reinforcement around the edge”. In response, the defendant J.B.G. proffered the affidavit of one of its officers, Benjamin Ambalu, who had witnessed the accident. Benjamin Ambalu confirmed that the platform had collapsed causing the injured plaintiff to fall through the framework. However, he attributed the collapse of the platform to the injured plaintiff
However, we cannot summarily resolve the various cross claims of the respondents and the third-party action, all seeking indemnification or contribution. Summary judgment on a claim for common-law indemnity or contribution is appropriate only where there are no issues of material fact concerning the precise degree of fault attributable to each party involved (see, Girardin v Citicorp, 118 AD2d 754; see also, McGurk v Turner Constr. Co., 127 AD2d 526, 529). On this record, the ownership of the scaffold and relative degree of fault, if any, attributable to all the respondents constitute issues of fact requiring a trial of the cross claims and the third-party v action (Girardin v Citicorp, supra; cf., Vanek v Fifth Ave. Mgt. Assocs., 75 AD2d 559). Bracken, J. P., Lawrence, Spatt and Harwood, JJ., concur.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.