Brutcher v. Dallas Homes, Inc.

Order unanimously affirmed with costs. Memorandum: Supreme Court properly denied the motion of third-party plaintiff, Dallas Homes, Inc. (Dallas), for partial summary judgment against third-party defendant, J & P Custom Masonry (J & P). Dallas, the general contractor on a residential construction project, seeks common-law indemnification from J & P, its masonry subcontractor, for liability imposed upon Dallas under Labor Law § 240 (1) as the result of injuries sustained by Charles W. Brutcher (plaintiff), a J & P employee. Dallas met its initial burden on the motion by submitting proof that…