Colella v. Donaldson, 261 A.D.2d 912 (N.Y. App. Div. 1999). · Go Syfert
Colella v. Donaldson, 261 A.D.2d 912 (N.Y. App. Div. 1999). Cases Citing This Book View Copy Cite
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John Colella
v.
Homer F. Donaldson
Appellate Division of the Supreme Court of the State of New York.
May 7, 1999.
261 A.D.2d 912
1999 N.Y. App. Div. LEXIS 4979
Cited by 1 opinion  |  Published

—Order unanimously reversed on the law with costs, motion denied and complaint reinstated. Memorandum: Supreme Court erred in granting defendant’s motion for summary judgment dismissing the complaint. Defendant and John Colella (plaintiff) were installing a monorail system at the factory of plaintiffs employer, which was to furnish any necessary personnel and hoisting equipment. Plaintiff injured his back while assisting defendant in lifting one end of a beam and commenced this action asserting the violation of Labor Law § 200 and common-law negligence. Because defendant controlled the manner and method of[*913] plaintiffs work, he owed a duty to exercise reasonable care for plaintiffs safety with respect to both Labor Law § 200 and common-law negligence (see, Russin v Picciano & Son, 54 NY2d 311, 316-317; Zachara v Occidental Chem. Corp., 144 AD2d 926; cf., Kanney v Goodyear Tire & Rubber Co., 245 AD2d 1034; Smith v Cassadaga Val. Cent. School Dist., 178 AD2d 955, 957). Because defendant failed to meet his burden of establishing that he was not negligent as a matter of law, the motion must be denied (see, Amann v Key Foods Supermarkets, 196 AD2d 759; see also, Walsh v Amherst Constr. Co., 226 AD2d 1053). (Appeal from Order of Supreme Court, Erie County, Sconiers, J. — Summary Judgment.) Present — Pine, J. P., Hayes, Pigott, Jr., Hurlbutt and Callahan, JJ.