| Dalvano v Racanelli Constr. Co., Inc. |
| 2011 NY Slip Op 05949 [86 AD3d 550] |
| July 12, 2011 |
| Appellate Division, Second Department |
| Thomas Dalvano, Respondent, v Racanelli ConstructionCompany, Inc., Defendant/Third-Party Plaintiff-Appellant, et al., Defendants. Torino Industrial,Inc., Third-Party Defendant-Respondent. |
—[*1] Cuomo LLC, New York, N.Y. (Sherri A. Jayson of counsel), for third-partydefendant-respondent.
In an action to recover damages for personal injuries, the defendant/third-party plaintiffappeals, as limited by its brief, from so much of an order of the Supreme Court, Nassau County(Feinman, J.), dated March 17, 2010, as denied its cross motion for summary judgment on itsthird-party cause of action for contractual indemnification, and denied the defendants' motion forsummary judgment dismissing the causes of action to recover damages for violation of LaborLaw § 200 and common-law negligence.
Ordered that the order is affirmed insofar as appealed from, with costs payable by theappellant.
While working on a construction project at Long Island Lutheran Middle and High School inNassau County, the plaintiff, an ironworker, allegedly was injured when he fell while descendinga ladder which was missing a rung. The defendant/third-party plaintiff, Racanelli ConstructionCompany, Inc. (hereinafter Racanelli), was the general contractor on the project. Neither theplaintiff nor employees of Racanelli knew who owned the subject ladder.
The Supreme Court properly denied the defendants' motion for summary judgmentdismissing the causes of action to recover damages for violations of Labor Law § 200 andcommon-law negligence, since a triable issue of fact exists as to whether the defendants hadcontrol over the work site and either created or had actual or constructive notice of the dangerousor defective condition (see Reyes v ArcoWentworth Mgt. Corp., 83 AD3d 47 [2011]; Schultz v Hi-Tech Constr. & Mgt. Servs., Inc., 69 AD3d 701, 702[2010]; Bridges v WyandanchCommunity Dev. Corp., 66 AD3d 938, 940 [2009]; Chowdhury v Rodriguez, 57 AD3d 121, 123 [2008]; Van Salisbury v Elliott-Lewis, 55AD3d 725, 726 [2008]; Keating vNanuet Bd. of Educ., 40 AD3d 706, 708 [2007]). Further, the Supreme Court properlydenied [*2]Racanelli's cross motion for summary judgment on itsthird-party cause of action for contractual indemnification (see McAllister v Construction Consultants L.I., Inc., 83 AD3d 1013[2011]; George v Marshalls of MA,Inc., 61 AD3d 925, 929 [2009]; Callan v Structure Tone, Inc., 52 AD3d 334, 335-336 [2008]).Dillon, J.P., Balkin, Belen and Sgroi, JJ., concur. [Prior Case History: 2010 NY Slip Op30629(U).]