Opinion
January 20, 2000
J. Michael Gottesman, Susan E. Lysaght, and Martin M. McGlynn, for defendants-respondents.
J. Michael Gottesman, for third-party plaintiff-respondent.
Joseph I. Lauer, for third-party defendants-respondents.
David Lewis Feld, for plaintiff-appellant.
SULLIVAN, J.P., WALLACH, RUBIN, SAXE, FRIEDMAN, JJ.
Order, Supreme Court, Bronx County (Stanley Green, J.), entered March 18, 1999, which, upon the summary judgment motions of action 1 defendants Mass. Electric Construction Co. (Mass. Electric) and New York City School Construction Authority and, in action 2, upon a search of the record, inter alia, granted summary judgment dismissing all claims and cross claims in both actions except for the common-law negligence causes of action as against Mass. Electric, unanimously modified, on the law, to reinstate the common-law negligence causes of action of plaintiffs Edward and Susan Cullen as against Allstate Building Maintenance Contractors, Inc. ("Allstate") and the cross claims of Allstate and Mass. Electric as against each other in that action, and otherwise affirmed, without costs.
The replacement of ceiling tiles in a school building by the plaintiffs, "maintenance mechanics" employed by the Board of Education of the City of New York, was routine maintenance, and not part of the renovation work that had previously been performed by various contractors and subcontractors or that was ongoing in other parts of the building, and therefore plaintiff's claims under Labor Law § 240 Lab.(1) were properly dismissed (see, Joblon v. Solow, 91 N.Y.2d 457, 464-465).
There are, however, triable issues of fact as to whether the condition of a ladder furnished by, or borrowed from, Allstate, which had a duty to maintain the ladder, was a contributing factor to the accident, and Cullen's common-law negligence claim against that company is therefore reinstated, as are the cross claims of Allstate and Mass. Electric as against each other in that action.
THIS CONSTITUTES THE DECISION AND ORDER OF SUPREME COURT, APPELLATE DIVISION, FIRST DEPARTMENT.