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Uva v H.R.H. Constr. Corp.
2006 NY Slip Op 50793(U) [11 Misc 3d 144(A)]
Decided on May 2, 2006
Appellate Term, First Department
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.
This opinion is uncorrected and will not be published in the printed Official Reports.


Decided on May 2, 2006
APPELLATE TERM OF THE SUPREME COURT, FIRST DEPARTMENT

PRESENT: McCooe, J.P., Schoenfeld, J.
570406/02

Salvatore Uva, Plaintiff,

against

H.R.H. Construction Corp., a/k/a Starrett Housing Corp., Defendant-Third-Party Plaintiff-Respondent, Decon Mechanical Contractors, Inc., and Prince Carpentry, Inc., Third-Party Defendants- Appellants, -and- Premier Concrete Structure, Inc., Third-Party Defendant.


Third-party defendants, as limited by their briefs, appeal from that portion of an order of the Civil Court, Bronx County (Irving Rosen, J.), entered April 22, 2004, which granted a motion by defendant and third-party plaintiff H.R.H. Construction Corp. for summary judgment on its claims for contractual indemnification.


PER CURIAM:

Order (Irving Rosen, J.), entered April 22, 2004, affirmed, with $10 costs.

Defendant third-party plaintiff H.R.H. Construction Corp. (H.R.H.), the construction manager of the work site at which plaintiff was injured, was properly awarded summary judgment on its contractual indemnity claims against the third-party defendant subcontractors, there being no indication in the record that H.R.H. was guilty of negligence beyond the strict liability of Labor Law § 240. The record established that the dangerous "floor openings" that caused plaintiff's fall were created by subcontractors, and there is no evidence that H.R.H. supervised, controlled or directed the performance of plaintiff's job. While H.R.H.'s "on-site safety manager may have had overall responsibility for the safety of the work done by the [*2]subcontractors, such duty to supervise and enforce general safety standards at the work site was insufficient to raise a question of fact as to its negligence" (O'Sullivan v IOI Constr. Co.,___AD3d___, 2006 NY Slip Op 02614).

This constitutes the decision and order of the court.
Decision Date: May 2, 2006