Summary
In Sferrazza v Port Auth. of New York & New Jersey (8 AD3d 53, 54 [1st Dept 2004]), the First Department affirmed Supreme Court's decision denying the PA's motion for summary judgment under Labor Law § 240(1) because the PA owns the World Trade Center and its duty to provide safe working conditions is nondelegable regardless whether it controls an independent contractor's performance at the PA's property.
Summary of this case from Wortham v. Port Auth. of N.Y. & N.J.Opinion
3802.
Decided June 8, 2004.
Order, Supreme Court, New York County (Marylin G. Diamond, J.), entered May 2, 2003, which, to the extent appealed from, denied so much of defendant Port Authority's motion for summary judgment dismissing the claim under Labor Law § 240(1), unanimously affirmed, without costs.
Flemming, Zulak Williamson, LLP, New York (Christina M. Rackett-Solis of counsel), for appellant.
Joel M. Lutwin, New York, for Salvatore Sferrazza, respondent.
Malapero Prisco LLP, New York (Francesca E. Connelly of counsel), for Amec Construction Management, Inc., respondent.
Before: Tom, J.P., Mazzarelli, Andrias, Ellerin, Lerner, JJ.
Plaintiff was engaged in recovery and cleanup efforts at the World Trade Center site following September 11, 2001, when he allegedly slipped on a defective ladder. The Port Authority's motion was granted with respect to claims for common-law negligence and under Labor Law § 241(6). As to the surviving claim, the Port Authority argues that it was not the owner of the property within the meaning of the statute, inasmuch as the City had taken over possession and control of Ground Zero during the cleanup operation.
Section 240(1) imposes absolute, nondelegable liability on an owner for injury proximately caused by breach of the statutory duty, even where the job was being performed by an independent contractor over which the owner exercised no supervision or control ( Rocovich v. Consolidated Edison Co., 78 N.Y.2d 509, 513). An owner's duty to provide safe working conditions is nondelegable regardless of the element of control ( Gordon v. Eastern Ry. Supply, 82 N.Y.2d 555, 560). The Port Authority's liability is not negated by the fact that its temporary divestiture of control over the property during the removal of debris may have been involuntary.
THIS CONSTITUTES THE DECISION AND ORDER OF THE SUPREME COURT, APPELLATE DIVISION, FIRST DEPARTMENT.