Uzeyiroglu v Edler Estate Care Inc.

Annotate this Case

Download PDF

Uzeyiroglu v Edler Estate Care Inc. 2018 NY Slip Op 31247(U) June 15, 2018 Supreme Court, New York County Docket Number: 157947/2015 Judge: Lucy Billings Cases posted with a "30000" identifier, i.e., 2013 NY Slip Op 30001(U), are republished from various New York State and local government sources, including the New York State Unified Court System's eCourts Service. This opinion is uncorrected and not selected for official publication. [*FILED: NEW YORK COUNTY CLERK 06/18/2018 1] INDEX NO. 157947/2015 NYSCEF DOC. NO. 61 RECEIVED NYSCEF: 06/19/2018 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF NEW YORK: PART 46 -~-------------------------------------x NACI UZEYIROGLU and ACELYA UZEYIROGLU, Index No. 157947/2015 Plaintiffs - against - DECISION AND ORDER EDLER ESTATE CARE INC., JON P. VACCARI, and STEPHEN FLEMING, Defendants ~--------------------------------------x LUCY BILLINGS, J.S.C.: Plaintiffs move for summary judgment on liability for their claim under New York Labor Law§ 240(1) against the only remaining defendant Edler Estate Care Inc. and (e) . C.P.L.R. § 3212(b) Although Edler Estate Care concedes that plaintiff Naci Uzeyiroglu was injured due to a Labor Law§ 240(1) violation, as explained below, plaintiffs fail to show that Edler Estate Care was liable for the violation as a general contractor for the construction at the former defendants' premises. The contract through which the premises' owners retained Edler Estate Care, dated June 14, 2014, provides merely that its responsibilities included "day to day operations of site, trade coordination, material delivery and handling, schedule required inspections, coordination with home owner on scheduling,· material delivery, and quality control." at 1. Aff. - of Edmund Chakmakian Ex. L, Absent Edler Estate Care's authority to stop the construction work or ensure work site safety, Edler Estate Care was not a general contractor liable for a Labor Law§ 240(1) · uzeyirog.195 1 2 of 5 [*FILED: NEW YORK COUNTY CLERK 06/18/2018 2] INDEX NO. 157947/2015 NYSCEF DOC. NO. 61 RECEIVED NYSCEF: 06/19/2018 violation. White v. 31-01 Steinway, LLC, A.D.3d 2018 WL I 2920974, at *1 (1st Dep't June 12, 2018); Dasilva v. Haks Engrs., , Architects & Land Surveyors, P.C., 125 A.D.3d 480, 481 (1st Dep't 2015). See'Walls v. Turner Constr. Co., 4 N.Y.3d 861, 864 (2005). As the contract is silent regarding Edler Estate Care's authority to stop work, the contract fails to support the deposition testimony by the premises owner, former defendant Jon Vaccari, that Edler Estate Care was authorized to stop the other subcontractors' work. The contract's plain terms, not the parties' understanding of the contract, govern the parties' responsibilities and authority under the contra.ct. 31-01 Steinway, LLC, White v. , 2018 WL 2920974, at *1; ' Dasilva v. Haks Engrs., Architects & Land Surveyors, P.~., 125 A.D.3d at 481. A.D.3d Regarding Edler Estate Care's actual exercise of authority to stop work during work site operations, the depo,si tion testimony by James Edler, · Edler Estate Care's co-owner and corporate representative, denies the exercise of any such authority, contradicting Vaccari's testimony. James v. Alpha Painting & Constr. Co., Inc., 152 A.D.3d 447, 451 (1st Dep't 2017); Dasilva v. Haks Engrs., Architects & Land Surveyors, P.C., 125 A.D.3d at 482. Uzeyiroglu testified, moreover, that only his employer's foreman directed his work. Dasilva v. Haks Engrs., Architects & Land Surveyors, P.C., 125 A.D.3d at 482; Griffiths v. FC-Canal, LLC, 120 A.D.3d 1100, 1101 (1st Dep't 2014). Nor does the contract dated September 16, 2014, through uzeyirog .195 2 3 of 5 [*FILED: NEW YORK COUNTY CLERK 06/18/2018 3] INDEX NO. 157947/2015 NYSCEF DOC. NO. 61 RECEIVED NYSCEF: 06/19/2018 which Vaccari retained Uzeyiroglu's employer, indicate any entity's responsibility or authority to supervise the work or site. Jon Vaccari's admission, corroborated by James Edler, that vaccari hired and paid all the subcontractors working on the project demonstrates that Edler Estate Care did not exercise this general contractor's function either. Paulino v. 580 8th Ave. Realty Co., LLC, 138 A.D.3d 631, 631 (1st Dep't 2016); Sparendam v. Lehr Constr. Corp., 24 A.D.3d 388, 390 (1st Dep't 2005). Pipia v. Turner Constr. Co., 114 A.D.3d 424, 427 2014). See (1st Dep't The work permit application indicating that Edler Estate Care was the gen~ral contractor, which is not executed by Edler Estate Care itself or anyone shown to have held the authority to admit this fact, Gordzica v. New York City Tr. Auth., 103 A.D.3d 598, 598 (1st Dep't 2013); Boyce v. Gumley-Haft, Inc., 82 A.D.3d 491, 492 (1st Dep t 2011); Silvers v. State of New York, 68 1 A.D.3d 668, 669 (1st Dep't 2009); Aquino v. Kuczinski, Vila & Assoc., P.C., 39 A.D.3d 2~6, 221 (1st Dep't 2007), is insufficient alone to demonstrate such status. Kosovrasti v. Epic (217) LLC, 96 A.D.3d at 696; Martinez v. 408-410 Greenwich St., LLC, 83 A.D.3d 674, 675 (2d Dep't 2011); Kilmetis v. Creative Pool & Spa, Inc., 74 A.D.3d 12$9, 1291 (2d Dep't 2010); Huerta v. Three Star Constr. Co., Inc., 56 A.D.3d 613, 613 (id Dep't 2008). For all these reasons, the court denies plaintiffs' motion uzeyirog .195 3 4 of 5 [*FILED: NEW YORK COUNTY CLERK 06/18/2018 4] INDEX NO. 157947/2015 NYSCEF DOC. NO. 61 RECEIVED NYSCEF: 06/19/2018 for summary judgment _on their claim under Labor Law against defendant Edler Estate Care Inc. DATED: § 240 (1) C.P.L.R. § 3212(b). June 15, 2018 LUCY BILLINGS, J.S.C. LUCY BH...UMGS . J.S.Ca v uzeyirog.195 4 5 of 5

Some case metadata and case summaries were written with the help of AI, which can produce inaccuracies. You should read the full case before relying on it for legal research purposes.

This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply.