From Casetext: Smarter Legal Research

Stimson v. Lapp Insulator Co.

Appellate Division of the Supreme Court of New York, Fourth Department
Oct 7, 1992
186 A.D.2d 1052 (N.Y. App. Div. 1992)

Opinion

October 7, 1992

Appeal from the Supreme Court, Genesee County, Morton, J.

Present — Denman, P.J., Green, Balio, Boehm and Davis, JJ.


Order unanimously affirmed without costs. Memorandum: Lapp Insulator Company hired Manning-Squires-Hennig Co., Inc. to raise the roof on a portion of Lapp's buildings. Manning subcontracted with Norcon Steel Corporation for the fabrication of structural steel for the project. Norcon subcontracted with Haney Erection Services, Inc. for the erection of the steel. Plaintiff, an employee of Haney, was injured when the ladder on which he was working collapsed and he fell to the roof below.

The IAS Court properly granted Norcon's motion for summary judgment on its claim for common-law indemnification against Haney. Norcon did not exercise any control over plaintiff or the work site and was not physically present at the work site when the accident occurred. Plaintiff testified that he received direction only from his superiors at Haney and did not see any representatives from Norcon at the work site at any time. The proof is uncontroverted that Haney "controlled and directed the performance of plaintiff's work" and therefore had an obligation "to protect its own employee from the foreseeable risks of the accident which occurred" (Conway v New York State Teachers' Retirement Sys., 141 A.D.2d 957, 959). Our decision in LaCroix v Migliore Constr. Co. ( 142 A.D.2d 980) does not compel a different result. There, the general contractor exercised exclusive control and supervision of the plaintiff when he was injured; therefore, it was not entitled to common-law indemnification against the subcontractor.

The IAS Court properly denied Norcon's motion for summary judgment on its claim for contractual indemnification against Haney. The contract provides for indemnification only for any negligent act or omission on Haney's part and there is no proof of Haney's negligence.


Summaries of

Stimson v. Lapp Insulator Co.

Appellate Division of the Supreme Court of New York, Fourth Department
Oct 7, 1992
186 A.D.2d 1052 (N.Y. App. Div. 1992)
Case details for

Stimson v. Lapp Insulator Co.

Case Details

Full title:DONALD STIMSON et al., Plaintiffs, v. LAPP INSULATOR COMPANY et al.…

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

Date published: Oct 7, 1992

Citations

186 A.D.2d 1052 (N.Y. App. Div. 1992)
588 N.Y.S.2d 494

Citing Cases

Werner v. East Meadow Union Free Sch. Dist

equired to report to a supervisor employed by J. P. Daly. That HEC periodically inspected the progress of the…

Wensley v. Argonox Construction Corporation

Skyway's agreement with Argonox requires Skyway to indemnify Argonox for damages due to personal injury where…