Opinion
No. 2022-07197 Index No. 517196/18
03-06-2024
Jia Zhong Liu, respondent, v. Jack Chiang Min Yung, et al., appellants (and a third-party action).
Litchfield Cavo LLP, New York, NY (Robert G. Macchia of counsel), for appellants. The Law Office of James Lo, Esq., P.C. (Alexander J. Wulwick, New York, NY, of counsel), for respondent.
Litchfield Cavo LLP, New York, NY (Robert G. Macchia of counsel), for appellants.
The Law Office of James Lo, Esq., P.C. (Alexander J. Wulwick, New York, NY, of counsel), for respondent.
HECTOR D. LASALLE, P.J., CHERYL E. CHAMBERS, LINDA CHRISTOPHER, JANICE A. TAYLOR, JJ.
DECISION & ORDER
In an action to recover damages for personal injuries, the defendants appeal from an order of the Supreme Court, Kings County (Robin K. Sheares, J.), dated August 18, 2022. The order, insofar as appealed from, denied those branches of the defendants' motion which were for summary judgment dismissing the causes of action alleging common-law negligence and violations of Labor Law §§ 200 and 240(1) insofar as asserted against the defendant Jack Chiang Min Yung.
ORDERED that the order is affirmed insofar as appealed from, with costs.
The plaintiff allegedly was injured when he fell from a ladder while working at the one-family home of the defendants, Jack Chiang Min Yung and Tzufen Chiang Chen. According to the plaintiff, the defendant Jack Chiang Min Yung, himself, positioned the unsecured A-frame ladder on an exterior deck and instructed the plaintiff to climb it in order to address an apparent leak in a second-floor bathroom. The plaintiff testified that he performed work throughout the interior of the defendants' home, including the bathroom.
The plaintiff thereafter commenced this action to recover damages for personal injuries against the defendants, and, in an amended complaint, asserted causes of action alleging, inter alia, common-law negligence and violations of Labor Law §§ 200 and 240(1). The defendants moved for summary judgment dismissing the amended complaint. The Supreme Court, among other things, granted those branches of the motion which were for summary judgment dismissing the amended complaint insofar as asserted against the defendant Tzufen Chiang Chen, and denied those branches of the motion which were for summary judgment dismissing the causes of action alleging common-law negligence and violations of Labor Law §§ 200 and 240(1) insofar as asserted against the defendant Jack Chiang Min Yung.
The Supreme Court properly denied that branch of the motion which was for summary judgment dismissing the cause of action alleging a violation of Labor Law § 240(1) insofar as asserted against the defendant Jack Chiang Min Yung. "Labor Law § 240(1) protects workers from elevation-related hazards while they are involved in the erection, demolition, repairing, altering, painting, cleaning or pointing of a building or structure" (Bonilla-Reyes v Ribellino, 169 A.D.3d 858, 860 [internal quotation marks omitted]; see Martinez v City of New York, 93 N.Y.2d 322, 325-326; Estrella v ZRHLE Holdings, LLC, 218 A.D.3d 640, 643). "The intent of the statute was to protect workers employed in the enumerated acts, even while performing duties ancillary to those acts" (Prats v Port Auth. of N.Y. & N.J., 100 N.Y.2d 878, 882; see Depass v Mercer Sq., LLC, 219 A.D.3d 801, 802). The statute "'is to be construed as liberally as may be for the accomplishment of that purpose'" (Bonilla-Reyes v Ribellino, 169 A.D.3d at 860, quoting Zimmer v Chemung County Performing Arts, 65 N.Y.2d 513, 521 [internal quotation marks omitted]; see Saint v Syracuse Supply Co., 25 N.Y.3d 117, 124). "The question whether a particular [activity] falls within [Labor Law] section 240(1) must be determined on a case-by-case basis, depending on the context of the work" (Prats v Port Auth. of N.Y. & N.J., 100 N.Y.2d at 883; see Ramones v 425 County Rd., LLC, 217 A.D.3d 977, 978; Bonilla-Reyes v Ribellino, 169 A.D.3d at 860).
Here, the defendants' submissions failed to demonstrate, prima facie, that the plaintiff's activity was not performed as part of the larger renovation project and therefore falls outside of the reach of Labor Law § 240(1) (see Depass v Mercer Sq., LLC, 219 A.D.3d at 802; Aguilar v Henry Mar. Serv., Inc., 12 A.D.3d 542, 543-544).
In addition, "'[o]wners of one- or two-family dwellings are exempt from liability under [Labor Law § 240(1)] unless they directed or controlled the work being performed'" (Bulux v Moran, 189 A.D.3d 761, 762, quoting Salgado v Rubin, 183 A.D.3d 617, 618; see Szczepanski v Dandrea Constr. Corp., 90 A.D.3d 642, 643). "'The exception was enacted to protect those who, lacking business sophistication, would not know or anticipate the need to obtain insurance to cover them against absolute liability'" (Bulux v Moran, 189 A.D.3d at 762, quoting Acosta v Hadjigavriel, 18 A.D.3d 406, 406; see Pavon v Koral, 113 A.D.3d 830, 831). "'The phrase direct or control as used in [that statute] is construed strictly and refers to the situation where the owner supervises the method and manner of the work'" (Bulux v Moran, 189 A.D.3d at 762, quoting Torres v Levy, 32 A.D.3d 845, 846; Reinoso v Han Ma Um Zen Ctr. of N.Y., Inc., 206 A.D.3d 772, 773).
Here, the defendants also failed to demonstrate, prima facie, that the defendant Jack Chiang Min Yung did not direct or control the plaintiff's work as a matter of law.
Further, the Supreme Court properly denied those branches of the motion which were for summary judgment dismissing the causes of action alleging common-law negligence and a violation of Labor Law § 200 insofar as asserted against the defendant Jack Chiang Min Yung. "'Labor Law § 200 codifies the common-law duty of an owner or contractor to provide employees with a safe place to work'" (Bulux v Moran, 189 A.D.3d at 762, quoting Niewojt v Nikko Constr. Corp., 139 A.D.3d 1024, 1025; Venter v Cherkasky, 200 A.D.3d 932, 933). "Where a plaintiff's claims implicate the means and methods of the work, an owner or a contractor will not be held liable under Labor Law § 200 unless it had the authority to supervise or control the performance of the work. General supervisory authority to oversee the progress of the work is insufficient to impose liability" (Sullivan v New York Athletic Club of City of N.Y., 162 A.D.3d 955, 958; see Salgado v Rubin,183 A.D.3d at 618-619; Rajkumar v Lal, 170 A.D.3d 761, 762).
Here, the defendants failed to make a prima facie showing that the defendant Jack Chiang Min Yung lacked the authority to supervise or control the performance of the plaintiff's work as a matter of law.
Accordingly, the Supreme Court properly denied those branches of the motion which were for summary judgment dismissing the causes of action alleging common-law negligence and violations of Labor Law §§ 200 and 240(1) insofar as asserted against the defendant Jack Chiang Min Yung, without regard to the sufficiency of the plaintiff's opposition papers (see Winegrad v New York Univ. Med. Ctr., 64 N.Y.2d 851, 853).
We decline the plaintiff's request to search the record and award summary judgment in his favor on the issue of liability on the cause of action alleging a violation of Labor Law § 240(1).
LASALLE, P.J., CHAMBERS, CHRISTOPHER and TAYLOR, JJ., concur.