Hernandez v. NOMA Condominium — Falling blocks trigger Scaffold Law liability
The Second Department imposed Labor Law § 240(1) liability where unsecured concrete blocks fell from a scaffold onto a mason working below.
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Construction Law
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Henick-Lane v. Hudson Meridian — Edited indemnity clause excludes economic losses
The Second Department enforced redline deletions from a construction indemnity clause, excluding purely economic losses while leaving consequential security costs for trial.
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Vinson v. Ferrara Bros. — General Contractor’s Summary Judgment Reversed: Supervisory Authority Over Delivery Work Is a Triable Issue
Second Department reverses summary judgment for Toll Brothers developer: general contractor failed to eliminate triable issues of fact as to whether it had supervisory authority over concrete delivery operations — that question must go to trial.
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Matter of Lipsky v. Groundbreakers Contracting — Court Confirms Arbitration Award: Written Submissions Were Sufficient, No Formal Hearing Required
Second Department reverses vacatur of arbitration award in construction subcontract dispute: arbitrator properly resolved the matter on written submissions after parties agreed to a paper-based process — skipping a scheduled conference call did not constitute a failure to hold a required hearing.
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Chacho v. Cudney — Property Owners Cannot Escape Labor Law § 240 Claims at the Pleading Stage
Second Department affirms denial of property owners’ motion to dismiss Labor Law § 240(1) and § 241(6) claims arising from worker’s elevation-related injury during renovation — Scaffold Law claims survive CPLR 3211 and must be addressed through discovery.
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CNB Contracting Corp. v. GS Utah Wind Acquisition — Court Upholds $1.46 Million Award: Owner-Caused Delays Bar Liquidated Damages Claim
Second Department affirms $1.46 million bench trial judgment for contractor: project owner caused the delays, liquidated damages clause was unenforceable, and contractor properly foreclosed mechanic’s lien.
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Berkley Insurance v. Farm Family Insurance — Subcontractor’s Insurer Must Defend General Contractor Based on Deposition Evidence
Second Department affirms duty to defend general contractor as additional insured where injured worker’s deposition in the underlying action established he was using the subcontractor’s ladder — applying the four corners rule’s exception for formal litigation submissions.
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Rolka v. Neelam Construction — Scaffold Law Summary Judgment Reversed Where Worker Cannot Identify Falling Object
Second Department reverses § 240(1) summary judgment where worker struck by unknown object from upper scaffold: plaintiff must identify the object and show it was being hoisted or required securing.
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Intriago v. 18th Highline — Scaffold Law Applies to Improvised Door Stacks; Late Witness Disclosure Draws Preclusion
Second Department affirms Labor Law § 240(1) liability where worker was directed to climb a seven-foot stack of doors without a ladder, and upholds CPLR 3126 preclusion of an undisclosed defense witness.
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WDF, Inc. v. A.J. Pegno/Tully Construction (Companion) — Release Ambiguity Bars Summary Judgment for Joint Venture Defendants
In the companion appeal to the WDF v. Pegno construction dispute over a Newtown Creek project liquidating agreement, the Appellate Division, Second Department affirms denial of summary judgment to the joint venture defendants on their release defense, holding that the release clause is ambiguous as to claims arising from the post-execution City settlement.
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WDF, Inc. v. A.J. Pegno/Tully Construction — Release in Construction Liquidating Agreement Is Ambiguous as to Post-Settlement Claims
In companion decisions on cross-appeals, the Appellate Division, Second Department holds that the release clause in a construction subcontract liquidating agreement is ambiguous as to whether it bars claims arising from the joint venture’s post-execution settlement with the City of New York—leaving the scope of the release and the parties’ cooperation obligations for trial.
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Neto v. Buddies Bro — Scaffold Law Summary Judgment Reversed Where Plaintiff Bypassed Provided Ladder
The Appellate Division, Second Department reversed a plaintiff’s Labor Law § 240(1) summary judgment after defendants raised a triable issue of fact on the sole-proximate-cause defense, showing that a six-foot ladder was available but that the carpenter chose to use scissor clamps on a cement column instead.
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Concrete Structures v. Armory Builder III — Arbitration Award for Wrongfully Terminated COVID Shutdown Subcontractor Confirmed
The Appellate Division, Second Department affirms confirmation of a $1.09 million FAA arbitration award in favor of a concrete subcontractor wrongfully terminated during the COVID-19 construction shutdown, rejecting the general contractor’s argument that the panel’s ruling manifestly disregarded the law.
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Herrera v. City of New York — Triable Issue Preserved on Labor Law § 240(1) Where Backhoe Load Moved Under Force of Gravity
The Appellate Division, Second Department affirms denial of summary judgment on a Labor Law § 240(1) Scaffold Law claim where conflicting testimony created a triable issue of fact as to whether a worker was struck by a suspended load moving under the force of gravity when a backhoe’s tire entered a depression in the roadway.