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HAWTHORNE v. SOUTH BRONX CMTY. CORP.

165 A.D.2d 652 (1990)

Clordia Hawthorne et al., Plaintiffs, v. South Bronx Community Corp. et al., Defendants, et al., Third-Party Plaintiff, et al., Second Third-Party Plaintiff, et al., Third-Party Defendant, Second Third-Party Defendant and Fourth-Party Plaintiff. State Insurance Fund, Fourth-Party Defendant-Appellant; Zurich-American Insurance Companies, Fourth-Party Defendant-Respondent

Appellate Division of the Supreme Court of the State of New York, First Department.

September 6, 1990

This appeal arises from a dispute between two insurers over which must pay the settlement of a claim by a construction worker who fell from scaffolding. Pursuant to a stipulation entered into by the parties, the subcontractor, Bri-Den Construction Company was 100% at fault for the accident. Although the owner of the premises was free of fault for the accident, section 240 of the Labor Law places 100% of the liability on the owner...

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