Nenadovic v. P.T. Tenants Corp.
Cases that cite this one
9 later published cases cite this decision.
- Agurto v. One Boerum Dev. Partners LLC (Appellate Division of the Supreme Court of New York 2023)
- Holness v. 421 Kent Dev., LLC (New York Supreme Court, New York County 2025)
- Morelli Law Firm, PLLC v. Perez (Appellate Division of the Supreme Court of New York 2024)
- Coscia v. City of New York (New York Supreme Court, New York County 2024)
- Martinez v. ST-DIL LLC (Appellate Division of the Supreme Court of New York 2021)
- Martinez v. ST-DIL LLC (Appellate Division of the Supreme Court of New York 2021)
- Roblero v. Bais Ruchel High Sch., Inc. (Appellate Division of the Supreme Court of New York 2019)
- Harasim v. Eljin Construction of New York, Inc. (Appellate Division of the Supreme Court of New York 2013)
- Harasim v. Eljin Construction of New York, Inc. (Appellate Division of the Supreme Court of New York 2013)
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 (Milton A. Tingling, J.), entered January 11, 2011, which denied defendant Liro Program and Construction Management, EC.’s motion to renew plaintiff Stanimir Nenadovic’s motion for partial summary judgment on his Labor Law § 240 (1) claim, and granted plaintiffs cross motion for partial summary judgment on his Labor Law § 240 (1) claim as against Liberty Architectural Products Co., Inc., unanimously affirmed, without costs. Order, same court and Justice, entered January 11, 2011, which denied defendant ET. Tenants Corp.’s motion to renew plaintiff’s motion, unanimously affirmed, without costs. Order, same court and Justice, entered September 19, 2011, which, insofar as appealed from as limited by the briefs, denied defendants ET. Tenants Corp. and Prudential & Douglas Elliman’s motion for summary judgment on their claims for contractual indemnification, common-law indemnification and breach of contract as against defendants Liro and Liberty and third-party defendant A-Tech Environmental Restoration, Inc., and for summary judgment dismissing plaintiff Nenadovic’s Labor Law §§ 200 and 241 (6) and common-law negligence claims as against them, unanimously affirmed, without costs.
Plaintiff demonstrated prima facie entitlement to summary judgment on his Labor Law § 240 (1) claim as against the property owner (PT Corp), general contractor (Liro) and general construction contractor (Liberty) by evidence that plaintiff, an
Liberty, as the only licensed rigger of the scaffolds on the job site, was properly found by the court to be a statutory agent for purposes of Labor Law § 240 (1), inasmuch as Liberty was the lone licensed authority on the project which, pursuant to applicable regulations, was under an obligation to supervise and control the conduct of the workers that manned the scaffolds (see generally Blake v Neighborhood Hous. Servs. of N.Y. City, 1 NY3d 280 [2003]).
As issues on this record remain as to whether and to what extent each of the defendants might be negligent in having caused the scaffold to collapse, denial of PT Corp’s motion for summary judgment on its contractual indemnification claim and its common law indemnification claim is warranted at this time (see e.g. Callan v Structure Tone, Inc., 52 AD3d 334 [2008]; Benedetto v Carrera Realty Corp., 32 AD3d 874 [2006]). To the extent PT Corp sought summary judgment on its breach of
Case-law data current through December 31, 2025. Source: CourtListener bulk data.