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CPLR 32122

A New York Spinal Injury Lawyer said that, in this personal injury action, defendants building owners and the general contractor separately move pursuant to CPLR 32122 to dismiss plaintiff’s complaint against them. The third-party defendant Air-conditioning Company moves to dismiss the third-party complaint of the general contractor and all cross-claims asserted against it by the Owners. The Owners also seek the dismissal of all cross-claims against them and summary judgment on their cross-claims against the general contractor and defendant Air-conditioning Company for contractual indemnification.

On January 3, 2006, plaintiff, an employee of defendant Air-conditioning Company, allegedly was injured while moving an air-conditioning condenser unit (the “condenser”) on the roof of the building located at 311 West 11th Street, New York, New York (the “Building”), which is owned by 311 West, of which the well-known photographer is the sole principal. Plaintiff claims that while moving the condenser with two of his co-workers, the condenser shifted back causing the plaintiff to twist his back.

At that time, the adjoining building at 305-307 West 11th Street, a Greenwich Street, owned by 305-307 West, was being renovated to serve as a single-family residence for the photographer and her family (the “Project”). Sometime before 2005, defendant Air-conditioning Company was hired to install the heating and air-conditioning systems in the Building. In June 2005, the general contractor was hired for the ongoing renovation of the 305-307 West 11th Street building pursuant to a contract (the “Construction Contract”). Thereafter, in September 2005, they entered into a contract with the defendant Air-conditioning Company to install the heating and air-conditioning system at the 305-307 West building.

At his deposition, plaintiff testified that on January 3, 2006, plaintiff and two of his coworkers, were instructed by defendant Air-conditioning Company’s Vice President to move the subject condenser unit from the roof of 311 West 11th Street onto the adjoining roof of 305-307 West 11th Street building. The plan was to move the condenser, which was approximately four feet square, five to six feet tall and weighing 80 pounds, from one side of the roof to the other side. Plaintiff and his two co-workers lifted the unit and began walking up the slope to get to the other side of the roof. According to plaintiff, there was snow and ice on the roof. At some point, the condenser shifted and began falling back onto plaintiff. Plaintiff was unable to “get his footing” to stabilize himself and violently twisted his back to prevent the condenser from falling. Plaintiff and his co-workers immediately regained control of the condenser and carried it to the adjoining roof. Neither plaintiff nor the condenser fell at the time of the slip and fall accident.

A New York Workers Compensation Lawyer said that, as a result of the accident, plaintiff commenced this action against the Owners and the general contractor, alleging that they were negligent and violated Labor Law §§200, 240, 241(6). In turn, the general contractor commenced a third-party action against defendant Air-conditioning Company for contractual indemnification and also asserted cross-claims against the Owners for contribution and common law indemnification.

A New York Personal Injury Lawyer said that, the Owners cross-claimed against the general contractor for contractual and common law indemnification, contribution and for failure to procure insurance pursuant to contract, and against Sound for contribution and contractual and common law indemnification. All defendants now move for summary judgment to dismiss plaintiff’s complaint and the various cross-claims asserted against each other.

To Be Cont…

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