Farina v. Plaza Construction Co.Farina v. Plaza Construction Co.
—Order, Supreme Court, New York County (Leland DeGrasse, J.), entered on or about March 21, 1996, which, inter alia, denied defendant Alliance Capital Management L.P.’s motion for conditional summary judgment on its cross claims for common-law indemnification against defendant and third-party plaintiff Plaza Construction Co., Inc. and third-party defendant and fourth-party plaintiff Lasher-White Carpet Co., which denied defendant Plaza Construction Co.’s cross motion to dismiss plaintiffs’ Labor Law § 241 (6) cause of action and for conditional summary judgment on its claim for common-law indemnification against Lasher-White, unanimously modified, on the law, to the extent of granting Alliance Capital Managément L. P.’s motion for conditional summary judgment on its cross claims for common-law indemnification against Plaza Construction Co., Inc. and/or Lasher-White Carpet Co. and otherwise affirmed, without costs.
As the IAS Court found, a question of fact exists as to the extent of the respective responsibilities of the general contractor, Plaza Construction Co., and subcontractor, Lasher-White Carpet Co., for the supervision and control of plaintiff and of the worksite. However, it was established that the liability of Alliance Capital Management L. P., the lessee of the premises being renovated, under Labor Law § 241 (6), was only vicarious, and that it had no notice of any dangerous condition at the worksite, it was entitled to a conditional judgment of indemnification against Plaza and/or Lasher-White (see, Aragon v 233 W. 21st St.,
The IAS Court also properly denied Plaza’s cross motion for summary judgment dismissing plaintiffs’ Labor Law § 241 (6) cause of action since plaintiffs alleged that Plaza violated Industrial Code (12 NYCRR) § 23-1.7 (d) and (e) (1) and (2), which have been held to constitute "concrete specifications” providing a predicate for a cause of action under section 241 (6) (Colucci v Equitable Life Assur. Socy.,