Zastenchik v. Knollwood Country Club
Opinion of the Court
However, the Supreme Court correctly denied that branch of Aqua’s motion which was for summary judgment dismissing the causes of action to recover damages for common-law negligence and a violation of Labor Law § 200. “Labor Law § 200 codifies the common-law duty of an owner or contractor to provide employees with a safe place to work” (Lane v Fratello Constr. Co., 52 AD3d 575, 576 [2008]). “The statute applies, inter alia, to owners and contractors who either created a dangerous condition or had actual or constructive notice of it” (Wein v Amato Props., LLC, 30 AD3d 506, 507 [2006]). “[P]roof that a dangerous condition is open and obvious does not preclude a finding of liability against a landowner for the failure to maintain the property in a safe condition but is relevant to the issue of the plaintiff’s comparative negligence” (Cupo v Karfunkel, 1 AD3d 48, 52 [2003]). Here, Aqua did not establish, prima facie, its entitlement to judgment as a matter of law dismissing the causes of action to recover damages for common-law negligence and a violation of Labor Law § 200, as it failed to demonstrate that the alleged defect, deep mud, did not constitute a dangerous condition (see Cupo v Karfunkel, 1 AD3d at 53; cf. Ulrich v Motor Parkway Props., LLC, 84 AD3d 1221, 1222-1223 [2011]).
As the plaintiff correctly conceded in his affirmation in opposition to the motions by Knollwood and Aqua, his cause of action alleging a violation of Labor Law § 240 (1) is not viable (see
The Supreme Court erred in granting that branch of Knoll-wood’s motion which was for summary judgment on its third-party cause of action for contractual indemnification. “The right to contractual indemnification depends upon the specific language of the contract” (Reisman v Bay Shore Union Free School Dist., 74 AD3d 772, 773 [2010] [internal quotation marks omitted]). Pursuant to the terms of the contractual indemnification provision at issue, Aqua is required to indemnify Knollwood against “claims, damages, losses and expenses . . . only to the extent caused in whole or part by negligent acts or omissions of [Aqua].” Since it has not been demonstrated that Aqua’s alleged negligence caused the plaintiffs accident, Knollwood failed to establish its entitlement to contractual indemnification.
Aqua’s remaining contentions are without merit. Skelos, J.P., Leventhal, Chambers and Lott, JJ., concur.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.