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Gillman v. Columbia University

Other Lower Courts

February 5, 2008

Steven Gillman, Plaintiff,
v.
Columbia University and Barnard College, Defendants.

Editorial Note:

This case is not published in a printed volume and its disposition appears in a table in the reporter.

OPINION

Joseph P. Dorsa, J.

The Court shall consider the following three motions in this single action:

MOTION NO. 1

By notice of motion, plaintiff, Steven Gillman (Gillman), seeks an order of the Court, granting him summary judgment as to Barnard College on his claims pursuant to Labor Law ยงยง 240(1) and 241(6).

Defendant, Barnard College, files an affirmation in opposition and plaintiff replies.

MOTION NO. 2

By notice of motion, third-party defendant, York Scaffold Equipment Corp. (York), seeks an order of the Court pursuant to CPLR 3212, granting them summary judgment and dismissal of the first and second causes of action by Barnard in the third-party complaint on the grounds that said claims are barred by Worker's Compensation Law 11, and dismissing the third cause of action on the grounds that York owed no duty to indemnify third-party plaintiff, Barnard.

Barnard files an affirmation in opposition.

MOTION NO. 3

By notice of motion, defendant, third-party plaintiff, Barnard seeks an order of the Court pursuant to CPLR 3212, granting them summary judgment on its third party complaint against York for contractual and common law indemnification and summary judgment and dismissal of plaintiff's complaint as against them.

Third-party defendant York files an affirmation in opposition. Plaintiff files an affirmation in opposition, and Barnard files a reply as to both oppositions.

The underlying cause of action is a claim by plaintiff for personal injuries alleged to have been sustained in a workplace accident on August 19, 2005.

On that date, plaintiff was engaged as an employee of York, who was in turn engaged by Barnard College to build sidewalk bridge(s) at the site in anticipation of certain construction work to be done on the school's facade. A sidewalk bridge is an "enclosed structure of scaffolding, with a roof, over a sidewalk, meant to protect pedestrians from falling materials and equipment."

On that day, plaintiff maintains that he was called to come down off the sidewalk bridge, by his supervisor, to relieve another worker for a break. As he came down the plank that connected the bridge to a flatbed truck, the plank broke in half, striking him ...


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