Rosales v. Vieira Sardinha Realty, LLC et al

Filing 90

OPINION re: 43 FIRST MOTION for Summary Judgment filed by Vieira Sardinha Realty, LLC, Neptune Donuts, LLC, 49 MOTION for Summary Judgment filed by Luis Rosales, 53 FIRST MOTION for Summary Judgment filed by Sardinha Brands Inc.: Before this court are cross motions for summary judgment. Plaintiff Luis Rosales brought this action under 28 U.S.C. § 1332 (2012) for injuries suffered in a construction accident. Rosales seeks summary judgment against defendants Vieira Sardinha Realty ("Sardinha Realty'') and Sardinha Brands, Inc. ("Sardinha Brands") for his claims that Sardinha Realty and Sardinha Brands violated § 240(1) of the New York Labor Law, as well as his claim that Sardinha R ealty and Sardinha Brands' negligence caused plaintiff's injuries. ECF No. 49. Defendants Sardinha Realty and Neptune Donuts, LLC ("Neptune") seek summary judgment denying plaintiff's claims that they violated New York Labor Law §§ 200, 240(1), and 241(6), as well as plaintiff's claims that their negligence caused his injuries. ECF No. 44. Defendant Sardinha Brands also seeks summary judgment against plaintiff's negligence and labor law claims. ECF No . 53. In addition, Sardinha Realty and Neptune seek summary judgment on the issue of indemnification and breach of contract by third party defendant R. Reese Construction, LLC ("Reese"), ECF No. 44, the construction company overseeing the s ite where the accident. Sardinha Brands similarly seeks summary judgment against Reese Construction for indemnification, ECF No. 53. For the reasons given above, with respect to the claims between plaintiff and defendants, the court grants summary ju dgment in favor of plaintiff as to his New York Labor Law § 240(1) claim, with the amount of damages to be decided by further proceedings. The court grants summary judgment in favor of defendants for plaintiff's §§ 200, 241(6), an d common-law negligence claims. With respect to the claims between the third-party plaintiffs and third-party defendant Reese, the court denies defendant Sardinha Brands's motion for summary judgment on the issue of indemnification and orders fu rther proceedings on the indemnification issue. Further, it denies Sardinha Realty and Neptune's motion for summary judgment as to the issue of indemnification and contract breach, and dismisses their claims against Reese. The court directs the respective parties to submit further briefing to the court for damages and indemnification issues within sixty (60) days of the date of issuance of this opinion. This opinion resolves docket numbers 43, 49, and 53. (Signed by Judge Thomas P. Griesa on 9/18/2017) (jwh)

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