MOLDAVER v. PREF 34 E. 51ST ST., LLC

Index No. 162881/15. Appeal No. 13748. Case No. 2020-02969.

194 A.D.3d 419 (2021)

143 N.Y.S.3d 214

2021 NY Slip Op 02754

Anatoly Moldaver, Appellant, v. Pref 34 East 51st Street, LLC, et al., Respondents. Sciame Construction, LLC, et al., Third-Party Plaintiffs-Respondents, v. Thyssenkrupp Elevator Company, Third-Party Defendant-Respondent.

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

Decided May 4, 2021.


Attorney(s) appearing for the Case

Charen Kim Law Firm, New York ( Charen Kim of counsel), for appellant.

Ropers Majeski, P.C., New York ( Christopher J. Gioia of counsel), for PREF 34 East 51st Street, LLC, Sciame Construction LLC, F.J. Sciame Construction Co., Inc., JRM Construction Management LLC, and F.T. Sciame Construction Co., Inc., respondents.

Babchik & Young, LLP, White Plains ( Alexandra L. Robins of counsel), for Thyssenkrupp Elevator Company, respondent.

Concur— Acosta, P.J., Manzanet-Daniels, Moulton, Scarpulla, JJ.


The record demonstrates conclusively that plaintiff's employer, Thyssenkrupp, and not defendants, directed and controlled the elevator installation work, including the specific task in which plaintiff was engaged at the time of his accident, i.e., installing counterweights. That Thyssenkrupp and the safety inspectors reported to the Sciame defendants, which managed "general safety," created daily reports, conducted daily coordination and walkthroughs, and held foreman and...

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