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ARGENTO v. MORSE-DIESEL INTERNATIONAL

267 A.D.2d 117 (1999)

699 N.Y.S.2d 414

TIMOTHY ARGENTO, Appellant-Respondent, v. MORSE-DIESEL INTERNATIONAL et al., Respondents and Third-Party Plaintiff's-Respondents. FORTUNATO SONS, INC., Third-Party Defendant-Respondent-Appellant.

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

Decided December 16, 1999.

Contrary to third-party defendant Fortunato's contention, Morse-Diesel's liability for Argento's damages was solely statutory, pursuant to Labor Law § 240 (1). There was no evidence that Morse-Diesel directed or controlled the work performed by the other prime contractors on the subject project. Accordingly, the trial court properly granted Morse-Diesel's motion for a directed verdict upon its claim for common-law indemnification against Fortunato (Kelly v Diesel...

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