Araujo v. Edenwald Contracting Co.
Opinion of the Court
—Order, Supreme Court, New York County (Norman Ryp, J.), entered July 23, 1996, which, in an action by a laborer to recover for personal injuries, inter alia, denied third-party plaintiff general contractor’s motion for summary judgment in its third-party action against plaintiff’s employer, a subcontractor, for contractual and common-law indemnification, unanimously affirmed, without costs.
Plaintiff, an employee of the welding subcontractor, was injured when an unsecured plank spanning a construction trench in which new water mains were being installed, shifted and caused him to fall into the trench. There was deposition testimony that on occasions prior to the accident, plaintiff had used ladders belonging to the general contractor to enter the trench, but that on the day of the accident the ladders had been removed when the general contractor’s employees moved their worksite further up the excavation site. Assuming that the general contractor’s allegation is accurate that the record
Case-law data current through December 31, 2025. Source: CourtListener bulk data.