Hodgson Russ Attorneys Obtain Favorable Labor Law Judgment

Hodgson Russ Attorneys Patrick Hines and Fallon Martin obtained a summary judgment in favor of a subcontractor client in connection with the Plaintiff’s Labor Law sections 240(1), 241(6), and 200 claims.

The Plaintiff was employed by our client, JDP Design Construction Inc., and alleged he was injured when he fell from a ladder while performing plastering and carpentry work. The Plaintiff then sued the general contractor and owner, who, in turn, brought third-party claims against our client, JDP, alleging that JDP owed them contractual indemnity under the subcontract.

Construing the indemnification clause strictly, the Court held that JDP did not owe the general contractor or owner indemnification. The Court pointed out that the subcontract only covered “masonry work,” and that the plastering and carpentry work being performed by the Plaintiff at the time of his alleged fall was therefore not covered by the subcontract.

As such, JDP had no obligation to indemnify the general contractor or owner.