You are here: / / abor Law Definition of “General Contractor” Applies In Subrogation...
,

abor Law Definition of “General Contractor” Applies In Subrogation Action

The Second Department, over a dissent, determined that the Style defendants, whose role in a building project was limited to procuring the building permit and some minor carpentry, were not the general contractor for the project and were therefore entitled to summary judgment.  After paying the fire-related claim, plaintiff insurance company brought a subrogation action against the Style defendants (as the alleged general contractor). In finding the Style defendants were not the general contractor, the Second Department used the definition of “general contractor” applied under the Labor Law:

The Style defendants established, prima facie, that they were not the general contractor on the … renovation project through the submission of evidence showing that they did not undertake general contractor duties such as supervising, hiring, or paying contractors … . The evidence submitted in support of the Style defendants’ motion demonstrated, prima facie, that the Berensons hired the Baruch defendants as the general contractor on the project, and that the Baruch defendants undertook general contractor duties by coordinating and supervising the project, and hiring and paying subcontractors … . The evidence demonstrated that the only function the Style defendants performed in connection with the renovation project was obtaining the work permit and, at most, performing some minor carpentry and molding work at the beginning of the project … . * * *

…. [T]he rule enunciated in [the] Labor Law cases, which is based on the basic definition of a general contractor as one who, for instance, coordinates and supervises the work and hires and pays subcontractors … , applies equally to this subrogation action. To ignore our Labor Law precedent in this action would, in effect, create a different definition of a general contractor in the subrogation/property damage context, one that would confer general contractor status on an entity simply by virtue of it being listed as the contractor on a work permit. There is no persuasive reason for having two separate definitions of a general contractor, one for the Labor Law/personal injury context and another for the subrogation/property damage context… . Utica Mut Ins Co v Style Mgt Assoc Corp, 2015 NY Slip Op 01266, 2nd Dept 2-11-15

You might also like
Plaintiff-Pedestrian’s Acts Constituted Sole Proximate Cause
DEFENDANT HAD STANDING TO CONTEST THE SEARCH, MATTER REMITTED FOR A SUPPRESSION HEARING BECAUSE AN APPELLATE COURT CANNOT CONSIDER A MATTER NOT RULED UPON BELOW.
NO NEW INJURIES WERE ALLEGED, THE DOCUMENT WAS A SUPPLEMENTAL, NOT AN AMENDED, BILL OF PARTICULARS, LEAVE OF COURT NOT REQUIRED.
Arrest Based on Out of State Warrant Not Authorized​
SUPREME COURT SHOULD HAVE ORDERED A NEW TRIAL UNLESS THE PARTIES STIPULATE TO REDUCED DAMAGES AWARDS; SUPREME COURT DID NOT HAVE TO POWER TO SUA SPONTE REDUCE THE DAMAGES AMOUNTS.
DEFENDANT’S UNLAWFUL IMPRISONMENT CONVICTION MERGED WITH OFFENSES OF WHICH DEFENDANT WAS ACQUITTED; ALTHOUGH THE ISSUE WAS NOT PRESERVED FOR APPEAL, THE CONVICTION WAS VACATED IN THE INTEREST OF JUSTICE (SECOND DEPT).
PLAINTIFF ALLEGED A CRACKED WINDOW PANE BROKE AND FELL, INJURING HER HAND; THERE WAS EVIDENCE OF AT LEAST 33 INSTANCES WHERE A WINDOW IN DEFENDANT’S BUILDING WAS IN NEED OF REPAIR (A RECURRING DANGEROUS CONDITION), RAISING A QUESTION OF FACT WHETHER DEFENDANT HAD A DUTY TO INSPECT THE WINDOWS (SECOND DEPT).
Conflicting Interests Prevented Attorney from Representing Both the Driver and Passenger in a Stopped Car Which Was Rear-Ended

Categories

Sign Up for the Mailing List to Be Notified When the Site Is Updated.

  • This field is for validation purposes and should be left unchanged.

Copyright © 2026 New York Appellate Digest, Inc.
Site by CurlyHost | Privacy Policy

Comments Made by Dean and Assistant Dean in Their Professional Capacities Protected... Principles of Owner/Contractor’s Liability Pursuant to Labor Law 241 (6)...