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SALAMONE v. WINCAF PROPS., INC.

249 A.D.2d 169 (1998)

671 N.Y.S.2d 737

Andrea Salamone et al., Respondents, v. Wincaf Properties, Inc., Respondent and Third-Party Plaintiff-Respondent. T.O.M.I. Construction, Inc., Third-Party Defendant-Appellant, et al., Third-Party Defendants. Andrea Salamone et al., Respondents, v. T.O.M.I. Construction, Inc., Appellant, et al., Defendant

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

April 23, 1998

Contrary to appellant T.O.M.I.'s contention, Wincaf's liability for plaintiff's damages was solely statutory, pursuant to Labor Law § 240 (1); there was no evidence that Wincaf directed or controlled the work performed by its subcontractors. Thus, the trial court properly granted Wincaf's motion for a directed verdict upon its claim for common-law indemnification against the third-party defendants (Kelly v Diesel Constr...

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