BAKER v. BARRON'S EDUC. SERV. CORP.


248 A.D.2d 655 (1998)

670 N.Y.S.2d 587

Gerard Baker, Respondent, v. Barron's Educational Service Corp. et al., Defendants and Third-Party Plaintiffs-Respondents. All Seasons Commercial Systems, Inc., Third-Party Defendant-Appellant

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

March 30, 1998


Ordered that the order is affirmed; and it is further,

Ordered that the respondents appearing separately and filing separate briefs are awarded one bill of costs.

The plaintiff, a roofer in the employ of the third-party defendant All Seasons Commercial Systems, Inc. (hereinafter All Seasons), was struck in the head by an unsecured cinder block which was being lowered by a rope and derrick from the roof to the ground. The Supreme Court was correct in granting partial summary judgment to the plaintiff on his Labor Law § 240 (1) cause of action, since that section applies to the "special hazards" of falling from a height or being struck by a falling object that was improperly hoisted or inadequately secured (see, Ross v Curtis-Palmer Hydro-Elec. Co., 81 N.Y.2d 494, 501; see also, Rocovich v Consolidated Edison Co., 78 N.Y.2d 509). In addition to the evidence that the plaintiff was struck in the head by an inadequately-secured cinder block, there was evidence that the defendants third-party plaintiffs had failed to provide safety devices as required by Labor Law § 240 (1), and that the breach was a proximate cause of the plaintiff's injury (see, Zimmer v Chemung County Performing Arts, 65 N.Y.2d 513; see also, Sog v G.S.E. Dynamics, 239 A.D.2d 489).

Furthermore, an owner who is held strictly liable under Labor Law § 240 (1) is entitled to full indemnification from the negligent party (see, Chapel v Mitchell, 84 N.Y.2d 345, 347; see also, Kelly v Diesel Constr. Div., 35 N.Y.2d 1, 4-7). Since All Seasons supervised the work giving rise to the injury, and the owner had no supervisory control over the work, the court properly granted summary judgment to the defendants third-party plaintiffs insofar as they sought indemnification from the subcontractor-employer, All Seasons.


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