Court Grants Motion to Dismiss All Claims Against Subcontractor in New York Labor Law

Fullerton Beck partner Susan Scaria obtained dismissal of a third-party complaint against the firm’s client, a subcontractor who employed the plaintiff, in a New York Labor Law (NYLL) case venued in Kings County Supreme Court. The claim involved a worker injured by a falling ladder whose injuries included an alleged traumatic brain injury. The court granted Fullerton Beck’s motion to dismiss the claims against the client for contractual and common law indemnity in case, eliminating liability exposure for the subcontractor and reinforcing the necessity of clear contractual indemnification provisions.

In its decision, the court agreed with our arguments that plaintiff’s alleged brain injury did not satisfy the criteria required to qualify as a “grave injury” as defined under NY Workers Compensation Law § 11, thereby precluding third-party plaintiff from common law indemnity from our client as the employer. The court also agreed with our arguments that the evidence presented by defendant/third-party plaintiff in the form of a Certificate of Insurance (COI) and a one-page unsigned work proposal were insufficient to establish an intent by the employer to indemnify the third-party plaintiff.

While claims against our client were dismissed, the court granted summary judgment in favor of the plaintiff against the direct defendants on his NYLL §240(1) claim, holding them strictly liable for elevation-related risks.

This decision highlights the strength of Fullerton Beck’s New York Labor Law practice, our attorneys extensive knowledge of risk transfer strategies and the importance of clear contractual agreements in indemnification claims, specifically in construction cases.

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