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MEJIA v. LEVENBAUM

57 A.D.3d 216 (2008)

868 N.Y.S.2d 581

MANUEL MEJIA, Plaintiff, v. ANDREW R. LEVENBAUM, Respondent, and TAM RESTAURANTS, INC., et al., Appellants, et al., Defendants.

Appellate Division of the Supreme Court of New York, First Department.

December 2, 2008.

This Court previously determined that Levenbaum bears no liability to plaintiff and that Plum Third, which is owned by Tam Restaurants, directed plaintiff's work at the time that he was injured (30 A.D.3d 262 [2006]). Accordingly, since Levenbaum is free from active negligence and Plum Third had direct control over the work giving rise to the injury, summary judgment on the issue of Levenbaum's cross claim for common-law indemnification...

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