Summary
In Aubrecht v. Acme Electric Corp., 262 A.D.2d 994, 692 N.Y.S.2d 544 (4th Dep't 1999), the Fourth Department held that § 240(1) protected an architect who was injured while inspecting a construction site.
Summary of this case from Prats v. Port Authority of N.Y. and New JerseyOpinion
June 18, 1999
Appeal from Order of Supreme Court, Erie County, Sconiers, J. — Summary Judgment.
PRESENT: GREEN, J. P., PINE, WISNER, HURLBUTT AND BALIO, JJ.
Order unanimously affirmed with costs. Memorandum: Donald E. Aubrecht (plaintiff), an architect, was injured at a construction site while inspecting an interior wall soffit. He fell five or six feet when the scaffold on which he was standing collapsed. Plaintiff was vice-president of third-party defendant, which contracted with defendant Acme Electric Corporation to provide architectural design and supervision in connection with the construction of a manufacturing plant. The scaffold was owned and assembled by employees of defendant The L.C. Whitford Co., Inc. (LCW), the general contractor. Plaintiffs commenced this action alleging violations of Labor Law § 240 Lab. (1), § 241 Lab. (6) and § 200 Lab. and common-law negligence.
Supreme Court properly granted plaintiffs' motion for partial summary judgment on liability under Labor Law § 240 Lab. (1) and denied that part of the cross motion of LCW for summary judgment dismissing the complaint. Plaintiff is within the class of persons for whom Labor Law § 240 Lab. (1) and § 241 Lab. (6) liability is imposed because his work was essential to the construction of a building or structure and he was employed by an entity hired by the owner for such purpose ( see, Nowak v. Kiefer, 256 A.D.2d 1129 [decided Dec. 31, 1998], lv dismissed and denied 93 N.Y.2d 887 [decided Apr. 6, 1999]; see generally, Mordkofsky v. V.C.V. Dev. Corp., 76 N.Y.2d 573, 576-577; Lawyer v. Rotterdam Ventures, 204 A.D.2d 878, 879-880, lv dismissed 84 N.Y.2d 864; cf., Martinez v. City of New York, 93 N.Y.2d 322 [decided May 13, 1999]). Plaintiffs are entitled to partial summary judgment on liability under section 240 (1) because plaintiff was injured in a fall from an elevated worksite ( see, Rocovich v. Consolidated Edison Co., 78 N.Y.2d 509, 512-514).
With respect to the Labor Law § 200 Lab. and common-law negligence claims, LCW failed to meet its initial burden of establishing that it was not negligent in connection with the collapse of the scaffold.