Downey v. Local 46 2nd Holding Co.

Order, Supreme Court, New York County (Harold B. Beeler, J.), entered February 16, 2006, which denied plaintiffs motion for partial summary judgment as to liability under Labor Law § 240, and denied the cross motion of defendant Local 46 Second Holding Corporation, sued herein as Local 46 2nd Holding Company, for summary judgment on its cross claims for common-law and contractual indemnification, unanimously affirmed, with separate bills of cost in favor of defendants payable by plaintiff.

Recovery under the absolute liability provisions of Labor Law § 240 (1) requires a showing that the…