Landahl v. City of Buffalo
Landahl plaintiffs commenced a Labor Law and common-law negligence action seeking damages for injuries allegedly sustained by Robert Landahl at City Hall in the City of Buffalo. Landahl was employed by Industrial Power & Lighting (IPL), a subcontractor hired by project manager U&S Services. Landahls asserted claims against U&S for violations of the Labor Law, and against the city for negligence. U&S sued IPL for contractual indemnification. IPL, U&S and the city moved for summary judgment, and the court granted U&S's cross-motion regarding Labor Law §§240(1) and 241(6), but denied IPL's and the city's motions. IPL, the city and U&S appealed. The panel rejected IPL's contentions the court erred in denying its motion as the subcontract was unclear and ambiguous if IPL must indemnify U&S relative to Landahl's accident. It also found IPL failed to meet its initial burden of establishing it was not negligent regarding the accident. Yet, the panel ruled the court erred in denying U&S dismissal of §241(6) as it was premised on an alleged violation of 12 NYCRR 23-1.7(e)(1). U&S met its burden of showing that §23-1.7(e)(1) was inapplicable here, while plaintiffs failed to raise a triable issue of fact. The panel modified the order by granting U&S's cross-motion regarding §241(6) in its entirety.