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Sikorski v. Springbrook Fire District

Appellate Division of the Supreme Court of New York, Fourth Department
Mar 8, 1996
225 A.D.2d 1041 (N.Y. App. Div. 1996)

Summary

In Sikorski v Springbrook Fire Dist. of Town of Elma (225 AD2d 1041), we held that "[a] vicariously liable party may obtain common-law [and contractual] indemnification from a contractor where the party did not control, direct, or supervise the injury-producing work" (emphasis added).

Summary of this case from Syracuse University v. Games 2002, LLC

Opinion

March 8, 1996

Appeal from the Supreme Court, Erie County, Mintz, J.

Present — Denman, P.J., Green, Wesley, Balio and Davis, JJ.


Order unanimously modified on the law and as modified affirmed without costs in accordance with the following Memorandum: Supreme Court erred in granting plaintiff's motion for partial summary judgment against defendant F.J. Wailand Associates, Inc. (Wailand) pursuant to Labor Law § 240 (1) and in denying Wailand's cross motion for summary judgment dismissing that cause of action against it. Under its contract with defendant Springbrook Fire District of the Town of Elma (Springbrook), Wailand was to make certain that the project was built in accordance with the plans and specifications. There is no evidence that Wailand had the authority to supervise, direct, or control the injury-producing work, and thus it is not liable as Springbrook's agent ( see, Russin v Picciano Son, 54 N.Y.2d 311; Kerr v Rochester Gas Elec. Corp., 113 A.D.2d 412; Kenny v Fuller Co., 87 A.D.2d 183, lv denied 58 N.Y.2d 603).

The court properly determined that Springbrook and Wailand are entitled to a conditional judgment against Sahlem Roofing and Siding, Inc. (Sahlem) for common-law indemnification. A vicariously liable party may obtain common-law indemnification from a contractor where the party did not control, direct, or supervise the injury-producing work and the contractor controlled and directed the performance of the plaintiff's work ( see, Stimson v Lapp Insulator Co., 186 A.D.2d 1052). There is no proof that Springbrook or Wailand controlled or supervised the roofing work performed by Sahlem. Additionally, the court properly determined that Springbrook and Wailand are entitled to a conditional judgment against Sahlem for contractual indemnification based on section 4.6.1 of the contract ( see, Gillmore v Duke/Fluor Daniel, 221 A.D.2d 938)


Summaries of

Sikorski v. Springbrook Fire District

Appellate Division of the Supreme Court of New York, Fourth Department
Mar 8, 1996
225 A.D.2d 1041 (N.Y. App. Div. 1996)

In Sikorski v Springbrook Fire Dist. of Town of Elma (225 AD2d 1041), we held that "[a] vicariously liable party may obtain common-law [and contractual] indemnification from a contractor where the party did not control, direct, or supervise the injury-producing work" (emphasis added).

Summary of this case from Syracuse University v. Games 2002, LLC
Case details for

Sikorski v. Springbrook Fire District

Case Details

Full title:JEFFREY P. SIKORSKI, Respondent, v. SPRINGBROOK FIRE DISTRICT OF TOWN OF…

Court:Appellate Division of the Supreme Court of New York, Fourth Department

Date published: Mar 8, 1996

Citations

225 A.D.2d 1041 (N.Y. App. Div. 1996)
639 N.Y.S.2d 226

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