COLELLA v. DONALDSON (1999)

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 plaintiff's 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 plaintiff's work, he owed a duty to exercise reasonable care for plaintiff's safety with respect to both Labor Law § 200 and common-law negligence (see, Russin v. Picciano & Son, 54 N.Y.2d 311, 316-317, 445 N.Y.S.2d 127, 429 N.E.2d 805;   Zachara v. Occidental Chem. Corp., 144 A.D.2d 926, 534 N.Y.S.2d 32;  cf., Kanney v. Goodyear Tire & Rubber Co., 245 A.D.2d 1034, 667 N.Y.S.2d 163;   Smith v. Cassadaga Val. Cent. School Dist., 178 A.D.2d 955, 957, 578 N.Y.S.2d 747).   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 A.D.2d 759, 601 N.Y.S.2d 920;  see also, Walsh v. Amherst Constr. Co., 226 A.D.2d 1053, 641 N.Y.S.2d 777).

Order unanimously reversed on the law with costs, motion denied and complaint reinstated.

MEMORANDUM: