Guinter v. I. Park Lake Success, LLC

67 A.D.3d 406, 886 N.Y.S.2d 880

Opinion

Order, Supreme Court, New York County (Debra A. James, J.), entered on or about June 16, 2009, which, to the extent appealed from, granted third-party defendant’s motion for summary judgment dismissing the third-party complaint, unanimously affirmed, without costs.

Given that third-party plaintiff Ball, as contractor, retained authority over the work site and actually performed the cleanup and maintenance, third-party defendant subcontractor owed it no duty to maintain the site (Lopez v Consolidated Edison Co. of N.Y., 40 NY2d 605 [1976]). While the subcontractor was liable to indemnify for injury resulting from its own acts or omissions, it was not hable, as a matter of law, for injury manifestly caused by the contractor’s maintenance of a debris pile. Concur—Tom, J.P., Saxe, Renwick, DeGrasse and Richter, JJ.