Monroe v. Bardin

249 A.D.2d 650, 671 N.Y.S.2d 191, 1998 N.Y. App. Div. LEXIS 3886
CourtAppellate Division of the Supreme Court of the State of New York
DecidedApril 9, 1998
StatusPublished
Cited by12 cases

This text of 249 A.D.2d 650 (Monroe v. Bardin) is published on Counsel Stack Legal Research, covering Appellate Division of the Supreme Court of the State of New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Monroe v. Bardin, 249 A.D.2d 650, 671 N.Y.S.2d 191, 1998 N.Y. App. Div. LEXIS 3886 (N.Y. Ct. App. 1998).

Opinion

—Mercure, J.

Cross appeals from an order of the Supreme Court (Dier, J.), entered January 6, [651]*6511997 in Warren County, which, inter alia, partially granted a cross motion by defendant Adirondack Log Homes of Lake George, Ltd. for summary judgment dismissing plaintiffs’ Labor Law § 240 (1) and § 241 (6) causes of action, and denied cross motions by defendants Richard Bardin and Arthur Smith, Jr. for summary judgment dismissing the amended complaint against them.

Plaintiffs commenced this action to recover for injuries sustained by plaintiff Ricky B. Monroe (hereinafter plaintiff) in a workplace accident that took place on August 19, 1993. At the time, plaintiff was acting as a subcontractor to defendant Adirondack Log Homes of Lake George, Ltd. (hereinafter Adirondack), the general contractor on a project for construction of a log home for defendants Thomas Garvey and Colleen Garvey on their property in the Town of Chester, Warren County. At approximately 8:00 a.m. on that day, defendant Arthur Smith, Jr. arrived at the site with a tractor-trailer load of logs and lumber. Smith released the straps that secured six banded bundles of materials on the truck, and plaintiff and his two helpers then proceeded to unload the truck by hand. At a time when plaintiff was standing on top of one of the bundles, at an elevation of approximately 7V2 to 8 feet above the ground, one or more of the metal bands broke, causing the logs to come loose and plaintiff to be propelled off the trailer. Because he was “pushed out and away from the trailer about five or six feet and the ground at that point sloped down and away from the trailer”, plaintiff’s total fall was approximately 12 feet. Plaintiff landed on his left foot, causing him to fracture his left heel.

As relevant to this appeal, plaintiffs’ complaint alleges Labor Law §§ 200, 240 (1) and § 241 (6) causes of action against Smith, Adirondack and the Garveys, a cause of action sounding in strict products liability against Adirondack and a negligence cause of action against all defendants. Following joinder of issue, plaintiffs moved for partial summary judgment on the issue of Adirondack’s liability under Labor Law § 240 (1). Adirondack and Smith each cross-moved for summary judgment dismissing the complaint and all cross claims against them. Defendant Richard Bardin, the owner of the trailer that carried the materials to the job site, cross-moved for summary judgment dismissing the complaint and all cross claims asserted against him or, in the alternative, for summary judgment on his indemnification claim against Smith. Supreme Court denied plaintiffs’ motion, partially granted Adirondack’s cross motion to the extent of dismissing the Labor [652]*652Law § 240 (1) and § 241 (6)

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Bluebook (online)
249 A.D.2d 650, 671 N.Y.S.2d 191, 1998 N.Y. App. Div. LEXIS 3886, Counsel Stack Legal Research, https://law.counselstack.com/opinion/monroe-v-bardin-nyappdiv-1998.