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ANDRADE v. TRIBOROUGH BRIDGE & TUNNEL AUTHORITY

35 A.D.3d 256 (2006)

827 N.Y.S.2d 30

ARLINDO ANDRADE, Plaintiff, v. TRIBOROUGH BRIDGE & TUNNEL AUTHORITY, Doing Business as MTA BRIDGES & TUNNELS, et al., Appellants, and WARDE ELECTRIC CONTRACTING, INC., Respondent-Appellant, et al., Defendant. (And a Third-Party Action.) TRIBOROUGH BRIDGE & TUNNEL AUTHORITY, Doing Business as MTA BRIDGES & TUNNELS, et al., Third-Party Plaintiffs-Respondents, v. TRANSCONTINENTAL INSURANCE COMPANY et al., Third-Party Defendants-Appellants, and WESTPORT INSURANCE CORPORATION, Third-Party Defendant-Respondent, et al., Third-Party Defendants.

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

Decided December 14, 2006.

It is undisputed that plaintiff's injury was caused by his trip and fall into a construction site hole that was negligently left uncovered. The claim under Labor Law § 241 (6) was properly dismissed as against Warde because there was no evidence that it was a statutory agent, owner or general contractor at the site. Similarly, there is no basis for the summary relief defendants TBTA and Perini now seek on their third-party claims against Warde's insurers, Transcontinental...

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