From Casetext: Smarter Legal Research

Mackey v. Beacon City School District

Appellate Division of the Supreme Court of New York, Second Department
Jun 26, 1995
216 A.D.2d 534 (N.Y. App. Div. 1995)

Opinion

June 26, 1995

Appeal from the Supreme Court, Dutchess County (Hillery, J.).


Ordered that the order and judgment is affirmed insofar as appealed from, with one bill of costs to the respondents appearing separately and filing separate briefs.

The plaintiff was injured when his ladder collapsed and he fell to the floor while painting the window trim in a classroom owned by the defendant Beacon City School District (hereinafter the school district) as part of a renovation project. His motion for partial summary judgment pursuant to Labor Law § 240 (1) against the school district, the general contractor, and the defendant Beesmer Construction Company (hereinafter Beesmer), was properly granted (see, Rocovich v. Consolidated Edison Co., 78 N.Y.2d 509; Halkias v. Hamburg Cent. School Dist., 186 A.D.2d 1040; D'Amico v Manufacturers Hanover Trust Co., 177 A.D.2d 441).

The motion of the defendants for summary judgment on the issue of indemnification against the plaintiff's employer, Raymond J. McGowan, was also properly granted. An owner or general contractor held liable to an injured subcontractor's employee under Labor Law § 240 is entitled to full commonlaw indemnification from a subcontractor whose negligence was the sole cause of the worker's injuries (see, McNair v. Morris Ave. Assocs., 203 A.D.2d 433). The record indicates that McGowan owned and maintained the ladder which collapsed, and that neither the school district nor Beesmer had any control over the painting work that contributed to the conditions causing the accident. McGowan has failed to submit proof in admissible form from which it could be determined that the defendants' liability to the plaintiff was anything but vicarious (see, Richardson v Matarese, 206 A.D.2d 354; Kirkby v. Chautauqua Inst., 178 A.D.2d 929). Sullivan, J.P., Pizzuto, Santucci and Goldstein, JJ., concur.


Summaries of

Mackey v. Beacon City School District

Appellate Division of the Supreme Court of New York, Second Department
Jun 26, 1995
216 A.D.2d 534 (N.Y. App. Div. 1995)
Case details for

Mackey v. Beacon City School District

Case Details

Full title:CLAYTON MACKEY, Respondent, v. BEACON CITY SCHOOL DISTRICT et al.…

Court:Appellate Division of the Supreme Court of New York, Second Department

Date published: Jun 26, 1995

Citations

216 A.D.2d 534 (N.Y. App. Div. 1995)
628 N.Y.S.2d 771

Citing Cases

Xirakis v. 1115 Fifth Avenue Corporation

The injured plaintiff gave two different versions of how the accident occurred, which raises questions of…

Werner v. East Meadow Union Free Sch. Dist

The School District, in turn, commenced a third-party action against the Power Authority of the State of New…