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MORERA v. NEW YORK CITY TR. AUTH.

157570/14. Appeal No. 12693. Case No. 2019-5518.

189 A.D.3d 630 (2020)

134 N.Y.S.3d 706

2020 NY Slip Op 07714

David Venegas Morera, Plaintiff, v. New York City Transit Authority, Defendant, and George Comfort & Sons, Inc., et al., Respondents. George Comfort & Sons, Inc., et al., Third-Party Plaintiffs-Respondents, v. First Quality Maintenance II, LLC, Doing Business as First Quality Maintenance, Third-Party Defendant-Appellant.

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

Decided December 22, 2020.

Attorney(s) appearing for the Case

Gallo Vitucci Klar LLP, Woodbury ( Anne Marie Garcia of counsel), for appellant.

Mischel & Horn, P.C., New York ( Lauren E. Bryant of counsel), for respondents.

Concur—Friedman, J.P., Renwick, Singh, Kern, Shulman, JJ.

This Court previously affirmed a denial of partial summary judgment in favor of plaintiff on his Labor Law § 240(1) claim, finding that there were questions as to whether the equipment provided to him by FQM was adequate for the job of washing windows, or whether plaintiff's fall was caused solely by a falling tile (see 182 A.D.3d 509 [1st Dept 2020]). Thus, issues of fact exist as to whether the indemnity clause in the Consulting Agreement between the parties...

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