- Court
- New York Supreme Court, Appellate Division, First Department
- Case
- Krifca v. Bronx-Lebanon Special Care Center, Inc.
- Date
- June 2, 2026
- Slip Op. No.
- 2026 NY Slip Op 03391
Background
On November 19, 2014, plaintiff Fuat Krifca was allegedly injured while working on a roof replacement project at a building located at 1285 Fulton Avenue in the Bronx, owned by defendants Bronx-Lebanon Special Care Center, Inc., and The Bronx-Lebanon Hospital Center (collectively BLHC). The accident involved a crane operation at the construction site. Plaintiffs brought claims under Labor Law sections 240(1) and 241(6), with the section 241(6) claim predicated on violations of Industrial Code sections 23-8.1(f)(1)(iv), (f)(2)(i), and (f)(5) governing crane operations. BLHC moved for summary judgment dismissing the claims and for summary judgment on its cross-claim for common-law indemnification against co-defendant Allied Building Products Corp. Plaintiffs moved for summary judgment on liability on the Labor Law section 240(1) and section 241(6) claims. Third-party defendant Flatiron Contracting Solutions moved to dismiss Allied’s third-party complaint. The Supreme Court, Bronx County, denied BLHC’s motion, granted plaintiffs’ motion, and denied Flatiron’s motion. BLHC and Flatiron appealed.
Holding
The Appellate Division unanimously modified the order to grant BLHC conditional summary judgment on its cross-claim for common-law indemnification against Allied, and otherwise affirmed. The Court upheld the grant of summary judgment on liability in favor of the plaintiffs on their Labor Law section 240(1) claim and their section 241(6) claim predicated on violations of Industrial Code section 23-8.1(f)(1)(iv). The Court found that the evidence established the necessary elements of a gravity-related construction accident under section 240(1) and that the crane operation violated applicable Industrial Code provisions. The modification granted BLHC conditional indemnification against Allied, which the trial court had denied.
Takeaways
Crane operations at construction sites are subject to specific Industrial Code regulations under section 23-8.1, and violations of these provisions can serve as predicates for Labor Law section 241(6) claims. Property owners who are held liable under Labor Law sections 240(1) and 241(6) can obtain conditional common-law indemnification against the entity whose negligence was the proximate cause of the accident. The conditional nature of the indemnification means it becomes effective upon the property owner being found liable, preserving the right to full recovery of any damages paid.
Why It Matters
This case is notable for the successful invocation of Industrial Code crane safety regulations as the basis for a Labor Law section 241(6) claim. The Industrial Code provisions at section 23-8.1 set forth specific requirements for crane operations, including load limits, signal requirements, and clearance standards. When a construction worker is injured during a crane operation that violates these specific safety requirements, the property owner faces strict liability under section 241(6). Property owners and general contractors overseeing construction projects with crane operations should ensure compliance with all applicable Industrial Code provisions, as violations create automatic liability regardless of fault and shift the financial burden downstream through indemnification claims.