Vasiliades v. Lehrer McGovern & Bovis, Inc.
Cases that cite this one
15 later published cases cite this decision.
- Reyes-Guevara v. 722 Metro. LLC (New York Supreme Court, New York County 2024)
- Villa v. East 85th Realty, LLC (Appellate Division of the Supreme Court of New York 2020)
- Kosovrasti v. Epic (217) LLC (Appellate Division of the Supreme Court of New York 2012)
- Kosovrasti v. Epic (217) LLC (Appellate Division of the Supreme Court of New York 2012)
- Martinez v. 342 Property LLC (Appellate Division of the Supreme Court of New York 2011)
- Delaney v. City of New York (Appellate Division of the Supreme Court of New York 2010)
- Bovis Lend Lease LMB Inc. v. Garito Contracting, Inc. (Appellate Division of the Supreme Court of New York 2007)
- Hughes v. Tishman Construction Corp. (Appellate Division of the Supreme Court of New York 2007)
- O'Sullivan v. IDI Construction Co. (Appellate Division of the Supreme Court of New York 2006)
- Paulino v. Hearts Service Co. (Appellate Division of the Supreme Court of New York 2006)
- Quichimbo v. Vornado 640 Fifth Avenue, L.L.C. (Appellate Division of the Supreme Court of New York 2006)
- Meslin v. New York Post (Appellate Division of the Supreme Court of New York 2006)
- Linkowski v. City of New York (Appellate Division of the Supreme Court of New York 2006)
- Singh v. Black Diamonds LLC (Appellate Division of the Supreme Court of New York 2005)
- Brennan v. 42nd Street Development Project, Inc. (Appellate Division of the Supreme Court of New York 2004)
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
Order, Supreme Court, New York County (Diane Lebedeff, J.), entered on or about April 3, 2003, which, to the extent appealed, granted plaintiff partial summary judgment on the issue of liability under Labor Law § 240 (1), denied the cross motion of defendants and third-party plaintiffs for summary judgment to dismiss the Labor Law § 240 (1) cause of action and for summary judgment on their claims for contractual indemnification against third-party defendant General Industrial Service Corp. also known as General Demolition (General), and declined to grant summary judgment dismissing plaintiffs Labor Law § 200 and common-law negligence claims as against defendant Bovis Lend Lease LMB, Inc., sued herein as Lehrer McGovern & Bovis, Inc. (Bovis), unanimously reversed, on the law, without costs, plaintiffs claims for common-law negligence and under Labor Law §§ 200 and 240 (1) dismissed in their entirety, and summary judgment on defendants and third-party plaintiffs’ claims for contractual indemnification against General granted.
Plaintiff, an electrician employed by third-party defendant L.K. Comstock and Co., Inc. (Comstock), allegedly sustained
The protections of Labor Law § 240 (1) “do not encompass any and all perils that may be connected in some tangential way with the effects of gravity” (Ross v Curtis-Palmer Hydro-Elec. Co., 81 NY2d 494, 501 [1993] [emphasis omitted]), and the accident at issue “was not attributable to the kind of extraordinary elevation-related risk that the statute was intended to guard against” (Sihly v New York City Tr. Auth., 282 AD2d 337 [2001], lv denied 96 NY2d 897 [2001]). Plaintiff did not fall from the ladder, but rather was still on the ground and slipped due to a wet floor. Thus, Labor Law § 240 (1) is inapplicable, since the statute was designed to protect workers “from harm directly flowing from the application of the force of gravity to an object or person” and the “right of recovery afforded by the statute does not extend to other types of harm, even if the harm in question was caused by an inadequate, malfunctioning or defectively designed [safety device]” (Ross, 81 NY2d at 501 [emphasis omitted]). The cases relied on by the IAS court in reaching its decision are distinguishable, since they involved falls from a height (see e.g. Schultze v 585 W. 214th St. Owners Corp., 228 AD2d 381 [1996] [plaintiff fell 16 feet]) or injuries sustained while the plaintiffs prevented themselves from falling completely off an elevated platform (see e.g. Pesca v City of New York, 298 AD2d 292 [2002]).
The common-law negligence and Labor Law § 200 claims as against Bovis also should have been dismissed, since.the undisputed evidence established that Bovis did not direct or control plaintiff’s work, and Bovis’s general supervision and
Even though the parties apparently lost the written contract between Bovis and General, the affidavit of a Bovis officer with personal knowledge of the existence of the contract and the specific provisions of its indemnification clause was sufficient to warrant summary judgment on the third-party claims for contractual indemnification against General, particularly since General has not denied the existence of the contract or the terms as related by Bovis (see McKenna v Lehrer McGovern Bovis, 302 AD2d 329 [2003]). Concur—Buckley, P.J., Andrias, Saxe, Williams and Gonzalez, JJ.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.