Opinion
2014-02-4
Geraldo RAMOS, Plaintiff, v. The PET MARKET WEST 57TH STREET, INC., et al, Defendants–Appellants. The Pet Market West 57th Street, Inc., Third–Party Plaintiff–Appellant, v. Boleshaw Dumicz, et al., Third–Party Defendants, VL Electrical, Inc., Third–Party Defendant–Respondent.
Milber, Makris, Plousadis & Seiden, LLP, White Plains (David C. Zegarelli of counsel), for appellants. Armienti, DeBellis, Guglielmo & Rhoden, LLP, New York (Harriet Wong of counsel), for respondent.
Milber, Makris, Plousadis & Seiden, LLP, White Plains (David C. Zegarelli of counsel), for appellants. Armienti, DeBellis, Guglielmo & Rhoden, LLP, New York (Harriet Wong of counsel), for respondent.
TOM, J.P., FRIEDMAN, DeGRASSE, FEINMAN, GISCHE, JJ.
Order, Supreme Court, Bronx County (Howard H. Sherman, J.), entered June 19, 2012, which, insofar as appealed from as limited by the briefs, granted third-party defendant VL Electrical, Inc.'s motion for summary judgment dismissing common-law contribution and apportionment claims as against it, unanimously affirmed, without costs.
Although the record presents an issue of fact as to the ownership of the ladder from which plaintiff fell, that issue is not material to the disposition of VL Electrical's motion for summary judgment, since VL Electrical owed no duty to plaintiff, and “ha[d][no] part in causing or augmenting the injury for which contribution is sought” ( see Raquet v. Braun, 90 N.Y.2d 177, 183, 659 N.Y.S.2d 237, 681 N.E.2d 404 [1997] ). VL Electrical was not present at the time of the accident, had not supplied plaintiff with the ladder, had no supervision, direction or control over plaintiff's work, and had no duty to provide him with safe equipment ( see Russin v. Louis N. Picciano & Son, 54 N.Y.2d 311, 317, 445 N.Y.S.2d 127, 429 N.E.2d 805 [1981]; Vargas v. New York City Tr. Auth., 60 A.D.3d 438, 441, 874 N.Y.S.2d 446 [1st Dept.2009] ).
We have considered defendants and third-party plaintiff's remaining arguments and find them unavailing.